Judicial recovery of debts - What is it? The procedure for recovering debts from legal entities

When making a loan agreement, the borrower is least thinking about what the moment may come when the financial situation will not allow paying a loan. However, in life, the most difficult situations may occur, the consequences of which will be a loan experienced in the air.

The effects of delay

The first steps that a bank recovery is to recover - reminders and telephone conversations. Perhaps the employees of the credit department will offer the restructuring of the existing debt.

But if the borrower in the future does not exceed significant changes in the financial situation for the better, then most often he will not be able to be removed in another bank or change the conditions of the current treaty. The most common manner of customer behavior is a complete cessation of payments and ignoring the bank.

Then the bank has only two exits from a difficult situation with a problem loan - the sale of debt to the collector agency or judicial recovery. Consideration of the Claim in the Court is the best way out for the debtor.

Since legal literacy is not the most strong side Russian borrowers, one mention of the upcoming trial can cause panic. In fact, with the serious material position of the borrower, it is such a process that can become the most efficient way out.

Pluses of the Court for the debtor:

1. The accrual of interest on the loan occurs at the time of submission by the bank statement to the court - as a result of the final amount of debt, significantly less than that which would have to pay in the usual basis.
2. The borrower has a guaranteed right to declare a petition for reducing or canceling accrued fines and contest, on the return of the paid insurance premium, on the deferment of the execution of the court decision.
3. In most cases, it is the court freeing the borrower from a significant part of the debt, leaving only the "body" and interest accrued on that rate, which is indicated in the contract.

It is very important for the client to declare its requirements under Art. 333. Civil Code (Recounting penalties). According to statistics, only 10% of all debtors enjoy their right guaranteed by the legislation. But the main part of the debt consists of precisely from penalty interest and penalties on overdue payments.

Of course, there are also cons. If you have official employment - you may be obliged to pay 50% from income to repay debt, if you have property - it can be arrested and implemented.

But the most important thing - information about this will be listed in your ki, which will lead to problems in the future if you recall the loan again.

Can the bank win the case without a court session?

The bank can take advantage of its right to receive judicial order For the recovery of all debt directly, bypassing the meeting procedure - on the basis of submission of an application to the world court. If such a requirement is satisfied, the order enters executive production.

Such a "lightweight" solution to the issue of recovery is extremely convenient banking companyBut unprofitable for the debtor. During the process, the borrower may lead its evidence that current payments are currently not able to make.

It can be:

• extract from the hospital
• state reduction notification at work,
• order of dismissal in connection with retirement.

In the same case, if there were no meetings, and you learned about the presence of a solution in your case already postfactum, then you can appeal it. For this purpose, an appeal to the authority, which issued a document with the decision was submitted to the deadlines. We tell about it in more detail.

How will the court decision be executed

After making the decision, the enforcement proceedings proceed to the attacks that the appropriate requirement should be sent by mail. And here it is better not to let the case on samonek, but to actively participate in resolving the problem.

1. Within 10 days after receiving the requirement, you can submit an application to the World Court that the decision is delayed for a certain period. Here you can ask for installments to pay off payments on the loan, both for the borrower itself and for his guarantors. In most cases, they go towards the debtor, if it make sure there is no intent on fraud.
2. Do not ignore the agendas that will come from baits. Their direct responsibility is to fulfill the decision. And in order not to be applied to the use of extreme measures in the form of arrest and confiscation of property, the debtor is better to voluntarily write consent to the hold of the Annal amount in the account of debt repayment.
3. If you have the official income you receive to a bank account, this company can come to this company to block your account or a monthly deduction order up to 50% of its size. Deposits are also arrested.
4. If the debt is large, then the procedure for selecting property can be initiated - almost everything falls here, or is in your apartment, and stands alleged more than 10,000 rubles. If the housing is the only one - it will not be able to pick it up, however, if it is in the mortgage or pledged the bank, then this rule does not apply to it.

More information on how to sue banks will find on this page.

What conclusions can be made?

Judicial proceedings with the Bank are definitely good for the borrower, because an alternative to him can be interactions with collectors who are not very ceremony with debtors, knocking out debts of them by all available, and not always legitimate ways.

Citizens have the opportunity to use various loans and receive loans from acquaintances. They are subjects and other civil law relations. Thus, they acquire all sorts debentures who are not directly related to the borrowing of funds. This, for example, can be:

• debt with the payment of alimony;
• delay with compensation for harm to other citizens or organizations.

Causes of debt

People (meaning individuals) become debtors due to the emergence of various circumstances.

1. Citizen may have temporary financial difficulties For independent reasons:

• delay salary;
• unexpectedly lost his job;
• money is stolen;
• there was a need to urgently pay another account.

2. Some citizens incorrectly calculated their financial perspectives. And since they behaved imprudently, they found themselves in the position of financial insolvency.

3. There are citizens who are not at all seeking to pay with debts. In other words, these malicious debtors were originally not going to return debts.

Some lenders believe that recovering debts from individuals in real amount is so difficult that it is easier to write off too much amounts. However, this is an erroneous opinion.

Indeed, sometimes it is sometimes difficult to recover the debt. He most likely has no bank account. But there are also real estate and car. At the same time, the lawyer will help to prove that the debtor's housing is not the only one, and the car is not a means of earnings. Even if you fail to recover debt in full, then get the main part of the debt from the debtor, as practice shows, the law helps.

However, this time-consuming work requires in most cases non-standard solutions. Need to understand why the debtor delays paymentsAnd for this, a lawyer needs to be a good psychologist. Do not refuse even from recovery hopeless, as sometimes it seems, debt. For this purpose, several options are provided:

• extrajudicial settlement of the issue with overdue debt;
• appeal to the court on debt recovery;
• excitation of enforcement proceedings;
• assignment of debt, that is, its sale.

Extrajudicial debt collection

This method provides for two directions.

1. Negotiations are held with the debtor with the participation of a lawyer who explains the creditor of his right, and his debtor his duties and the actions that follow in the event of a debtor's refusal from the fulfillment of their duties.

2. The debtor will be directed claims with the requirement of repayment not only debt, but also percentage.

Before this, the lawyer will collect information about the debtor:

• analyzes and evaluate data about him;
• make a request to the archive about his property;
• check the solvency of it at the moment;
• informs the debtor about his debt so that the lender has confirmation of his awareness;
• personally will discuss all questions with the debtor;
• organizes the "negotiating table", for which both sides of the conflict will be sitting;
• will prepare the signing of the Agreement.

The agreement will most likely provide a phased repayment of debt, that is, specific periods of payments and size are indicated.

Debt recovery through court

This method debt recovery from individuals It includes that a statement will be filed in which the lawyer will help state the creditor requirements. In the case when individual Legted under certain conditions a specific amount to another physical person, and this person postponing debt repayment, then the problem decide:

• world judge;
• court of general instance.

In the World Court, lawyers advise to contact if there are certain conditions:

• there is a documentary confirmation of the availability of debt (a written contract, a notarized transaction);
• the amount of the claim is less than 50 thousand rubles.

Such a statement is regarded quickly, and when it does not require the presence of conflicting parties. As a result, a judicial order is issued, he also has the power of the executive document. In other cases there is an order of claim.

If the world judge considers that the requirement of a person who lent money is controversial, then the appointment of claims will also follow. The lawyer of the lender advises together with the claim immediately and the requirement regarding its execution. In this case, the judge may impose arrest on the property of the debtor.

Executive production is appointed on the basis of:

• court decision;
• court order.

In these situations, the debt will be recalled in forced.

Sale debt

Cede or sell a debt means to conclude the appropriate agreement. There are companies that are purchased at low rates problem debts. In this case, the lender ceases to engage in independent debt recovery.

It is very convenient way Get rid of the problem, however, the benefits in such a decision are not seen. It is unlikely that the lender will be offered an amount equal to at least half of the debt. In any case, only legal ways Debt recovery.

People often take and give money in debt, without thinking even about how difficulties sometimes arise when refunding money. To take or not to take a loan, take the required amount from the neighbor or not - this is a personal matter of every person. If you have made your choice and still decided on such an act, we all once again and against it. This decision can lead to irreparable consequences. After all, in disputes between creditors and debtors, legal proceedings are often frequent. The legislation developed a procedure for recovering debts from individuals, and its implementation depends on many factors.

Debt collection from individuals by law

People occupy money and take loans for various reasons. Someone lacks funds for the purchase of housing, others plan to pay in this way the possibility of their child to study at the university. But everything ultimately comes down to the fact that through the agreed period of time the debts will have to return, and sometimes with percent. This is where problems often arise. One lacks earned funds for repayment of debt, the other refuses to pay. In any case, failure to fulfill obligations is the basis for debt collection.

The official procedure suggests that you are able to prove the fact of a monetary loan. The main documents in this situation are the contract and receipt. The contract makes creditors, the receipt is needed when the challenge is taken from a private person. The recovery of debts on receipt and the contract has its own characteristics. Keep in mind that only a competently compiled and notarized contract will help you return your money. It is stipulated in it all important details: What amount is leaning, there are or not levied interest, what are the timing of debt repayment.

Upon receipt of a loan in full, as well as its parts, the borrower must be written in receipt of money.

People do not always think that the loan decorated can lead to ruin and debts

If the debtor violates any provisions of the prisoner, then this is a reason for appealing to court. What to do if the contract was not compiled or missing a long-time detection? Of course, in such a situation you are encountered with certain difficulties. Sometimes these complications are insurmountable. Debt collection is impossible if there is no proof of loan at all.

The proof may serve as:

• act of completed work / services rendered;
• invoice for goods;
• receipt to receive money by the other party;
• extract from a bank account confirming payment.

If at least one of the documents is still available, then the ability to recover the debt appears.

As a rule, penalties in the form of a penalty in such cases are not accumulated due to the fact that it is impossible to prove a violation of the return time.

The State Duma has long considered the draft laws on the rules of the work of banks with overdue debts of customers. In 2016, amendments were adopted immediately to several laws. And since 2017, they entered into force. Now banks have a clear debt refund mechanism judicial order.

Video: New Law on the procedure for recovering overdue debts with physical

Ways to return debts

The most common is the judicial and pre-trial methods of returning their money. With a pre-trial method, the lender tries to solve the problem of peaceful way. Sometimes it is enough to warn the debtor that in case of non-fulfillment of the contract, the settlement of the situation will occur in court. Probably, a person simply does not have the opportunity to pay on time. If you have time to wait a bit, take advantage of this. Of course, banks will not wait, so they are most likely resorted to other ways, that is, they will receive an executive list in a pretrial order or go to court. The judicial instance will examine the situation. In the event that the claims of the lender to the debtor are confirmed, the court issues an executive list. With him in the hands of the interested party can:

• independently requested its money, though only if the amount does not exceed 25 thousand rubles;
• appeal to the bailiffs;
• transfer the executive list at the place of employment of the debtor. In this case, amounts will be written off with wages.

In case of accepting a positive decision, the lender receives an executive list to recover the debt

Trial

The trial suggests the following actions:

1. Applying for a court.
2. The court's decision and his entry into force in 10 days.
3. Voluntary use of the court decision (30 days from the date of entry into force).
4. Appeal for the actuator if the loser side does not solve voluntarily.
5. Excitement of executive proceedings.

Simplified order

In 2016 began to act simplified order recovery credit debt (up to 100 thousand rubles). It makes it possible to solve the problem without a trial, only in the presence of an actuative inscription of the notary. Such an inscription Bank receives in the case of a two-month delay in debt payment.

Tax and receivables

There are no cases when people ignore tax deductions, despite the fact that the payment of taxes is the responsibility of each citizen. If, of course, you are not freed from their payment (and this sometimes happens) tax inspectors Turn into court. Repayment tax debt Perhaps due to the property of a citizen. Recovery occurs on the basis of FZ "On Enforcement Proceedings".

Tax debts may form if the declaration is overdue, do not submit it at all (in cases where it is necessary) or incorrectly calculate the amount of deductions

If everything is clear with tax debt, then understanding accounts receivable There are not everyone.

Accounts receivable is debts of buyers or other debtors due to organizations.

The organization can provide a loan or delay payment to customers. As in other cases, a contract is drawn up between the two parties, where the timelines and payment procedure are prescribed. If there is a matter of violation of the contract, the organization may contact the arbitration court with a statement to recover receivables. In addition, the organization should prepare the necessary package of documents proving that the contractual relations were present, but the repayment of the debt never happened.

Collector services

Lenders often go to the assignment of rights to firms engaged in debt collection. These are the so-called collectors. Naturally, they are interested in returning debt, as they receive decent money for their services (up to half the amount of debt). They work, as a rule, without prepayment. Unfortunately, collectors often go beyond the pervolored methods, being, in fact, rackers, "knocking out" money from debtors. But the simplified procedure introduced in 2016 allows you to ignore the services of such companies.

Lenders often convey the right to recover the debt to a third party

Required documents

If anyone leaves a significant amount of familiar, then you should think about the receipt. Rules for its preparation:

1. The document is issued by the person who takes the money. The text should not be printed, but written by hand.
2. Dates are specified (drawing up, transferring money when funds are subject to return).
3. Delivered amount is written in words and numbers.
4. Passport details of both parties are made.
5. Display signed by both parties.

With an extrajudicial method of recovery, in addition to personal conversation with the debtor, a claim is written. In it, the lender puts its requirements indicating the return period. With a sample form you can see the link. Make a copy of the requirement, it will remain with you until you contact the court. The original is sent to the debtor by mail.

In addition, documents will be required that will confirm the existence of debt. The more evidence, the higher the likelihood that the court will protect your interests. It may be the testimony of witnesses and even audio recordings.

If money and gives, and take an individual, the receipt is written, as a rule, by hand

What else will need in court:

• statement of claim;
• receipt of the payment of state duty (than more sum debt, the less the percentage is charged);
• copies of the contract and receipt;
• a petition for calling witnesses (if required);
• documents confirming court costs.

The sample form of the claim can be found.

In addition, if you have tried to someone's debt recovery procedure, you must be a power of attorney.Better power of attorney to assure a notary. It necessarily impress the validity period and date of issue, as well as the powers of the company (for example, collector). The legislation does not define the form of a power of attorney to recover the debt, the main thing is that it meets the above requirements.

How to recovery

All documents are collected and submitted to the court. It will be useful to clarify that it is carried out either enforcement proceedings or an order. In the first case, you require a claim, in the second court makes an order to recover funds on the basis of your application. Executive proceedings, as a rule, takes a lot of time (up to several months). On the order - up to 7 days. If the court decided in your favor, then you will receive an executive list. Next you go to the bailiff. It is he who will deal with your work. If the debtor has no funds, then in this case the arrest is imposed on his property. Arrested property is sold with bidding, and money from the sale goes in the account of debt repayment.

Bailiffs when collecting debt act on the basis executive Sheet

Returns of debts with IP

An individual entrepreneur always risks. He invests in his work, pays insurance contributions, deductions to the tax and pension fund, and also concludes agreements to ensure its activities. In case of debt, the entrepreneur replies all that he has. Often it leads to ruin. When the fact of debt is obvious, creditors or tax inspectors come in the same way as in any other case. First follows a warning, the claim is sent to the debtor. If these actions have not led to anything, then interested parties appeal to the court. The court may recognize the IP bankrupt and annul the debts of the entrepreneur. In this case, it is better to hurry with a claim. After all, in the future, the debt with IP is charged from both an individual, which implies the arrest of property. The money reversed from the sale first go to the compensation of debts in favor of affected by the activities of the IP, then only for wages to employees and other obligations.

Video: Collapse of debts from individuals and legal entities

Raise money from a private person or make a loan - an easy thing is. But as they say, take someone else's, but give your own. Many citizens do not cope with debt obligations entrusted to them. And as a result - trialIf failed to come to a peaceful problem resolution. The legislation provides for a phased procedure for collecting debt with physical. Persons, but that it goes successfully, a package of documents is required. AND essential value Among the provided documentation has an evidence base. If the debtor was unable to pay a debt, his property is withdrawn and sold. Reversible cash Go to the repayment of debt. In general, the procedure for challenge the debt from an individual and with an IP is no different, there are only certain nuances. The same applies to receivables and tax debts. In any case, it is worth a hundred times before getting into debt relationships. Only then you will not have to worry and in case of failure to wait for bars or collectors.

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 money amounttaken 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. Most preferred option for both sides - pre-trial settlement spore. 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 simplified manner. 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 order is initiated, which, unlike the executive, is carried out in accelerated mode and does not require the presence of the defendant at the court hearing. 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 judicial 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 the 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 in lately 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:

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, debt obligations, 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 are the most common processes in civilian 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 debts 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.

Panic and underground care are not the best options for the actions of the debtor. Even less advisable hostile attitude towards the lender and open confrontation. It is necessary to act calmly, reasonably and within the framework of the law.

If the lender reminds you of the presence of debt, you should not ignore his calls and take the position of ostrich, hiding your head in the sand. Do not be afraid of personal contact - try to explain to the opponent, why you can not pay now and when you plan to return the money.

At the same time, be the most polite and patient, do not deny the debt fact, but firmly tell me that at the moment you do not have the amount required for repayment.

Tip 2. Keep all the letters that you will send a bank.

Letters, especially with threats and examples of psychological pressure, be sure to keep. In which case, there will be something to make judges to prove the illegal actions of creditors.

Tip 3. Record all telephone conversations

Suppose collectors threaten you or call the phone at night. In such a situation, the best thing is to write a conversation on the voice recorder and transfer it (or contrite it) entry into the prosecutor's office.

Remember - collectors can not do you anything. Just do not have legal rights on it. In conversations with them, insist that the spoken clearly called his name, surname, public position, the organization it represents. And immediately warn that the conversation is recorded.

As a rule, after this beginning, the collector quickly disappears the desire to threaten, put pressure on the psyche and pump the atmosphere. Perhaps he will even quit the phone and will never call again.

And the very the best way - Find a good lawyer (lawyer) who will submit your interests. If there is no money for a personal lawyer, take advantage of at least free help.

Free and paid services can be obtained on the site lawyer. This company works in all directions of law, but the main field of activity is to protect the interests of ordinary citizens. Thousands of qualified lawyers are collaborated with the resource, with which you can contact through chat at any time.

If necessary, hire a lawyer's website from your city, which will submit your interests in court or in pretrial order. The portal works without interruptions, holidays and weekends.

8. Conclusion

So, friends, let's summarize. Debt recovery - the right of every citizen, financial organization or commercial structure. On the other hand, the debtors also have the right to defend their interests by all legitimate ways.

We wish our readers never have financial problems! We will be grateful for the assessments and comments to the publication. To new meetings! Pre-trial debt collection - instructions for returning debt in pretrial order for 5 steps + tips How to simplify pre-trial debt

If you took a loan and have not returned it on time, the lender has the right to apply to the court. On the basis of a court decision drawn up executive documentsAccording to which the debtor must pay off its debt no later than five working days. If this does not happen - bailiffs take into account.

The main law regulating the activities of bailiffs is the federal law № 118 FZ "On the bailiff". In addition, bailiffs are based on the following documents:

According to the documents listed, bailiffs have the right to:

1. 1. Getting and processing financial information debtor (property declaration, bank accounts, action ownership, etc.);
   2. Challenge to the department of the FSSP of the debtor and those involved in the case of persons. In the case of the non-appearance of the debtor, the bailiffs have the right to declare him wanted.
   3. Visit and inspection belonging not to the debtor movable property.
   4. Overlay, its further storage and sale (at the expense of debt repayment). Arrest can also be imposed on bank accounts debtor and its land plots;
   5. Appeal to the employer in order to repay debt from wages;
   6. Prohibition debtor leave abroad and manage vehicleIf the debt exceeds 100 thousand rubles. If the car is the only source of debtor's income - bailiffs cannot deprive his driver's license.

How bailiffs charge debts from individuals

Having received a court decision, the attracting opens the enforcement proceedings, which he is obliged to inform the debtor through a mailing notice or by telephone. From that moment on, the defendant has five days to pay off debt, but the addition can immediately, without waiting for the end of this period, studying financial state The defendant and his property.
If after five days the debt is not repaid, the abutment appeals to various assets of the debtor in the following order:

1. 1. 1. Cars and real estate (cottage, office, second apartment). Housing is not subject to arrest only if the defendant's family has no other place to stay. On mortgage debts, this exception does not apply;
      2. Financial assets (bank accounts, deposits in mutual impacts, etc.) and wages;
      3. Other property (things belonging to the debtor).

If there are no cars or real estate, or they do not cover the amount of debt, the arrest is superimposed on the bank accounts of the defendant, then the bailiffs appeal to its employer to achieve debt repayment directly from wages.

In the case when the defendant is not officially employed or redeeming debt through salary is impossible for other reasons, the addition of the dispenser's movable property is beginning. According to latest changes, the abill has the right to open the door to the apartment, if the debtor refuses to let it up. Moreover, the bailiffs can produce an inventory and in the absence of the defendant.
It is understood that all things in the apartment belong to the tenant, so during the inventory, the addition will not be able to understand where Whose. If there are things belonging to other residents in the apartment, their inventory and withdrawal will have to be disputed through the court. In any case, the bailiffs do not have the right to withdraw food, clothing (with the exception of luxury goods - fur coats, jewels) and household items (refrigerator). In addition, the attractment does not touch the cash found in the apartment if its sum is less subsistence minimum (based on all family members). The property described is withdrawn and sold, the revenue amount is sent to repayment of debt.

Deadlines for debt collection by bailiffs

According to the law, bailiffs must collect debt within two months from the date of receipt of the executive list. However, these two months are not included in these two months: the expectation of documents, the search for a hiding debtor, suspension of the case, the realization of the property, etc. In fact, the debt collection can last for years, especially if the debtor is an individual. To speed up the plaintiff's process, repeated statements can send bailiffs so that the debtor's accounts are checked again.

Judicial proceedings for debt recovery is valid for three years, but at the end of this time the debt is not written off. The statute of limitations here has no debt, but only an executive list.

Suppose, 01.04.2010 Bailiffs opened production in the debt case. If the debtor did not have funds to pay off debt, or the debtor disappeared, then 01.04.2013 Bailiffs are closed, as they inform the plaintiff. However, according to the debt of the statute of limitations, there is no plaintiff full law Immediately apply to court, and everything will begin on a new one.

Russian legislation does not provide any serious measures against the debtor, which cannot pay debt. That is, if a person must lenders several million rubles, but the official wages does not receive, cars and cottages does not have - he will not be anything. The last chance of a debt refund - upon reaching the debtor of the retirement age to contact Pension FundAnd then half of the respondent's pension will be listed on debt payment.

Criminal liability for non-payment of debt in Russia is not provided (exception - arrears in alimony). Some lenders hope to transfer the case from the category "Debt" in the category "Fraud", but arbitrage practice showed that it is impossible. In fact the only punishment for the debtor is a ban of going abroad and deprivation of driver's license. Such impunity and is one of the reasons for the high cost of loans: banks are simply forced to lay all risks in the interest rate.

For details on the procedure for recovery of debt bailiffs in this video: