Collection of debts by receipt through the court. Legal services in Moscow.

Almost everyone has had to deal with the need to borrow or lend money. In order to confirm the existence of a loan, the parties use a receipt - a document that reflects the amount of debt, the date of receipt of the debt and may indicate a late fee. Unfortunately, loans are not always repaid on time, and sometimes the debtor even avoids paying the debt. In such a situation, it is necessary to collect money forcibly. In this article we will tell you how to collect a debt against a receipt. The article outlines step-by-step instructions for actions that will allow you to get your money back.

All about the receipt

A receipt is a simple written document that certifies the existence of a loan relationship between the parties. It is better to include a penalty in the receipt, because in its absence, you will have to collect the legal penalty, which is equal to the refinancing rate, that is, currently 6%. We also recommend indicating the period within which the borrower must repay the debt.

If there is no specified period, the borrower will have to return the funds in case of demand. This option is not very convenient, since you will need to send a request and wait 30 days.

If the receipt does not contain specific instructions on the method of payment, then it should be understood that the return of funds is carried out in the same way as they were received.

It is also advisable to indicate on the receipt the method of refund. If you prefer a non-cash method, you should indicate the details of the bank card to which the borrowed funds should be returned. If there is no indication, repayment of the debt must be carried out in the same way in which the funds were transferred.

Let's look at the rights and obligations of the parties according to the receipt:

According to the promissory note, the borrower has an obligation to repay the funds
The lender has the right to demand their return, but he also has the obligation to accept the return from the borrower. Please pay attention to this - you should not avoid fulfilling the contract, this is fraught with unfavorable consequences, for example, a reduction in the penalty under the contract.

Next, we will analyze the step-by-step procedure for collecting funds against a receipt.

A big advantage would be the notarized registration of the loan. In this case, you will not have to go to court; everything can be done through a notary. You will need to contact a notary who will put a writ of execution, after which such a document will acquire the force of a writ of execution. You can take it to the bailiffs or to the banks where the debtor has accounts. For forced collection through a notary, there must be a two-week delay, and the debtor will need to be notified before going to the notary

This option has both pros and cons. The advantages include a simplified procedure for collecting funds, as well as the reliability of the transaction - it is almost impossible to challenge a receipt certified by a notary, while a regular debtor can try to invalidate a receipt in court. In addition, you will save on state fees. A notarization costs half a percent of the debt amount, but not more than three hundred thousand rubles.

The disadvantages include the fact that only the principal debt can be collected this way, without penalties. The general disadvantage of this option is that the possibility of execution depends on the efficiency of the federal bailiff service.

How to file a claim against a receipt

There are different loan agreements - interest-bearing and interest-free, subject to repayment at the end of the agreement or in installments. Most often, a claim by receipt must be sent to:

when the loan must be repaid in installments and the periodic payment has not been received: the contract can be terminated early and demand repayment of the entire loan amount;
when the loan amount is not repaid in full or in part: then the claim contains a requirement to repay the debt and pay a penalty.

There is an opinion that if the contract does not stipulate interest for using the loan, then it does not need to be paid. But this is not entirely true: a loan between citizens is supposed to be interest-free for an amount of no more than 50 minimum wages, or when a certain thing is being dealt with. In all other cases, you can send a claim by receipt demanding payment of interest for using the loan.

Like any other claim, including a consumer claim, a document is drawn up in free form, but in writing, indicating:

addressee of the claim;
information about the person who sent the claim, incl. his address;
name of the document (claim);
when and between whom the loan agreement was concluded, which confirms this fact;
calculation of the amount and the applicant’s requirements: return the loan, part of the loan, interest, pay a penalty, etc.

Filing a claim by receipt

The prepared claim must be delivered to the addressee. At the same time, in order to confirm this fact. You can hand it over in person by asking for a signature with a transcript to be included in the second copy of the claim. In case of refusal to receive a claim, invite 2 witnesses who will certify the fact of refusal with their signatures.

You can also send your claim by registered mail with acknowledgment of delivery and a list of the contents.

What if the addressee does not respond to the complaint or does not take the required actions? Submit an application to the court for a court order or a statement of claim to collect the debt under the loan agreement.

If a claim is received based on a receipt, it makes sense to familiarize yourself with the statement of claim to recognize the contract as not concluded or to declare the transaction invalid.

Special cases

The transfer of the writ of execution to the bailiffs should put an end to the creditor’s efforts, since he has completed everything necessary, now it’s up to the FSSP employees. But in reality this is not at all the case, because various special cases may arise that impede the collection of funds or property of the debtor, and often the creditor, in order to return what is his, has to participate in this process.

The debtor is hiding

To receive funds, the FSSP service must inform the debtor about the start of the production case:

contact him by phone or meet to demand his appearance under signature at the Federal Tax Service;
in case of refusal to appear, you need to go to his place of residence, collect all the information about him, and conduct an investigation;
If there are no results, put them on the wanted list.

Law enforcement and anti-corruption agencies and internal affairs agencies will be involved in the search for the defendant.

But all this is worth the candle if the debtor has confirmed property. If the search does not bring results, then production will be suspended. Therefore, the creditor often independently searches for the debtor.

If the debtor has nothing

The debtor has nothing

If the bailiffs checked the information about the debtor and realized that he has nothing, they make an official request to the place of work. A writ of execution is attached to the request, and up to 50% of the income begins to be withheld from the debtor towards the FSSP - in the Russian Federation, according to the law, they cannot withhold more.

If the debtor does not officially work and has no property, then the actions are different:

Bailiffs make requests to the largest federal and regional banks to identify the debtor's account; if there is one, the account will be seized, and all funds from it will be written off against the debt. The account itself may be entered into a minus for the amount of collection.
If the account is opened to receive benefits or subsidies, then these funds cannot be written off.
If there is no account, then the bailiffs have the right to go to the debtor’s place of residence and seize household appliances or jewelry.
A ban is imposed on the debtor's travel abroad until the debt is fully repaid.

In general, collecting a debt from a debtor who has neither a job, nor accounts, nor property is quite problematic today, especially when the bankruptcy law came into force.

The debtor is declared bankrupt

Debtor bankrupt

According to paragraph 3 of Art. 213.28 of the Law “On Bankruptcy”, a debtor declared bankrupt is completely released from his obligations, the same applies to those creditors who did not participate in the process of the debtor when his debts were restructured or his property was sold.

Important! The new requirements have radically changed the situation; previously, a creditor who did not participate in the trial of a legal entity could then declare his demands and collect the debt in accordance with the norms. But now if he did not have time to participate in the process, he will be left with nothing.

If a person died

Interaction with heirs

According to Art. 1175 of the Civil Code of the Russian Federation, the debts of the testator pass to the heirs who accepted the property and are obliged to pay them in proportion to the accepted amount of the inheritance.

That is, all heirs are jointly and severally liable for the debts of the deceased. You can make claims against the new property owners after the succession procedure has been completed, and it is important to attach to the document all evidence of the existence of the debt.

It will be more difficult if a debtor who has nothing died, then he did not transfer the inheritance to anyone, which means there will be no one to demand the debts from.

Refund of funds: pre-trial procedure

Business lawyer {amp}gt; Civil law {amp}gt; Lending {amp}gt; Claim under a receipt between individuals: sample and features

A loan agreement can be concluded between any persons either orally or in writing. The written version is more reliable and allows you to prove your position based on the document. Drawing up a detailed document can complicate the procedure; it is enough to issue a receipt that confirms the transfer of funds. The dispute will take place in the general manner, including pre-trial procedure.

Individuals have the right to transfer funds to each other on the basis of repayment. Such a relationship is called a loan. The subject can be not only money, but also things that have generic characteristics.

Signing a receipt

The essence of the agreement is that a certain value is transferred from the lender to the borrower, but must subsequently be returned on the terms specified in the text of the transaction. The features will depend on the type of contract; there are several varieties:

Cash or clothing loan. The difference is in the object of the contract, that is, in the property that is transferred.
Urgent and permanent loan. In the urgent case, the return period is determined immediately, but in the unlimited term there is no such condition; the return is carried out upon request, on the agreed terms.
Target or consumer. When concluding an agreement between individuals, as a rule, the purpose of the funds is not specified.

A receipt is a document confirming the fact of transfer of funds and acts as evidence of the existence of such a relationship between the parties.

In practice, loans between individuals are most often confirmed by receipts.

The receipt may also contain some specifics, although not as detailed as the contract. It may reflect the period for repayment of funds, the interest rate, its absence, and so on.

A claim based on a receipt between individuals for the repayment of a debt is not required as a general rule. Many lawyers advise using the pre-trial procedure in most cases for the following reasons:

The pre-trial settlement procedure explains to the opponent the consequences of failure to fulfill the obligation, which leads to the resolution of the dispute without going to court
The submitted claim serves as evidence in court and indicates the plaintiff’s intentions to reach an agreement. Drawing up a claim using a receipt.
The claim allows you to more accurately indicate the timing of the fulfillment of the obligation.

The main reason for filing a claim is the opportunity to avoid the judicial stage, which is beneficial for both parties. In some cases, there is little point in directing it. For example, if it is known that the order will not affect the debtor or it is planned to file not a claim, but an application for a court order (for a debt amount of up to five hundred thousand rubles).

In the second case, we are talking about an open-ended contract and refunds are made only after notification.

It is not necessary to call the document being sent a claim; it would be more logical to send a notice, since it is not yet known whether the debtor refuses to fulfill his obligation, but sending such a document will be necessary, otherwise the court will refuse to collect the debt.

A sample pre-trial claim on a receipt must contain the following points:

Full details of the lender and borrower, sufficient for their identification, that is, their passport data
Details of the receipt on which the dispute arose. You must indicate its date, amount of debt and basic conditions
Calculation of the required amount. It is not necessary to describe the calculation in detail, but the required amount must be clear and justified
Consequences of refusal to fulfill an obligation
Instructions to go to court in case of refusal to fulfill an obligation

One of the most frequently drawn up documents is a receipt for the return of funds. A receipt is a guarantee of the return of borrowed money. One party to the agreement draws up a receipt, must certify it with a signature and transfer it to the other party. A well-drafted receipt can be used during legal proceedings if necessary.

It may happen that one of the parties to the agreement does not fulfill its obligations to return the funds upon expiration of the loan term. Before going to court to collect a debt, the lender submits a claim for repayment of the debt against a receipt.

We invite you to read: What is a loan agreement? Sample contract

Chapter 42 of the Civil Code of the Russian Federation sets out in detail the procedure for early termination of a loan agreement. A claim on a receipt is aimed at informing the debtor of information about his failure to fulfill obligations under this receipt, and is a demand for repayment of the debt.

A claim against a receipt for a refund may be sufficient, but this does not always happen. If the borrower ignores this claim, you should go to court. The calculation period begins from the moment the plaintiff claims a violation of the agreement.

To draw up a claim against a receipt correctly, you should carefully study each clause of the loan agreement. The completed claim must be sent to the defendant’s address by registered mail (this does not allow the defendant to claim in the future that this letter has been lost or not received). The lender must keep the check received at the post office when sending the letter.

From this moment on, the defendant is given 30 days to consider the claim. If the defendant does not respond to the claim, the creditor has every right to prepare a lawsuit.

A claim against a receipt must be made in writing and the following information must be indicated:

Lender details: full name, residential address, contact phone number.
Details of the addressee of the claim: full name, residential address.
Title of the document.
Conditions for concluding a loan agreement: when and between whom it was concluded.
A document confirming the conclusion of a cash loan agreement, the actual receipt.
Link to legislation (Article 811 of the Civil Code of the Russian Federation).
Calculation of the amount and the applicant’s request for repayment: return the entire loan or part of it, pay interest, etc.
The period after which the borrower must repay the debt.
Type of refund: cash or non-cash refund; for the latter, you must specify the account details for transferring funds.

The validity period of the claim on the receipt is one month. If after this time the defendant has not repaid the loan, the creditor has every right to file a lawsuit. This requires drawing up an application.

A claim for a debt receipt is drawn up according to the sample. It can be either handwritten or printed. The text of the complaint must be as correct as possible (do not contain errors, strikethroughs, personal statements, etc.).

Filing a claim

As already indicated, a claim for a receipt for the return of funds should be sent to the borrower.

The best option would be to submit the claim in person, so you can be completely sure that the letter has reached the addressee.

The second option is to deliver the claim against receipt by registered mail with notification. From the moment the borrower receives the letter of claim, a period of 30 days begins for the defendant to respond - he can return the debt or ignore the claim.

If the borrower does not respond to the pre-trial claim for the return of funds under the receipt and does not carry out the actions specified in it, the lender has the right to send a statement of claim to the court to collect the debt under the loan agreement.

When going to court, you must fill out an application. A statement of claim to collect a debt by receipt is a standard legal document.

For small amounts (up to 500 thousand rubles), the claim is filed with the district department of the court, which is required to consider the case within one month and issue a court order and a writ of execution, on the basis of which the bailiffs will carry out their work. If the loan size is large (more than 500 thousand rubles), the statement of claim should be filed in the magistrate’s court (it can be filed within three years).

A copy of the passport and a receipt for payment of the state fee are attached to the claim.

After filing an application, the plaintiff receives notice of the start of the trial. The court's decision may satisfy the plaintiff's claim either in whole or in part. The judge's verdict is reflected in the writ of execution. An appeal of the verdict is allowed within 10 working days in the court of appeal by both parties.

After the trial, debt collection from the borrower can occur in two ways:

The borrower voluntarily complies with the court order to return the funds.
At the debtor’s place of residence, the FSSP authorities are connected and begin the procedure of arrest, inventory and seizure of the debtor’s property (there is a set period of 2 months for this procedure).

When returning a debt, you must either make a note about its return in the receipt, or draw up a new one, which will indicate information about the repayment of the monetary debt.

The loan and repayment of funds must be confirmed by relevant documents - receipts. This will protect both sides of the case from possible troubles.

If you have questions, consult a lawyer

You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):

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addressee of the claim;
information about the person who sent the claim, incl. his address;
name of the document (claim);
when and between whom the loan agreement was concluded, which confirms this fact;
calculation of the amount and the applicant’s requirements: return the loan, part of the loan, interest, pay a penalty, etc.

Practical features

Individuals have the right to transfer funds to each other on the basis of repayment. Such a relationship is called a loan. The subject can be not only money, but also things that have generic characteristics.

Signing a receipt

Cash or clothing loan. The difference is in the object of the contract, that is, in the property that is transferred.
Urgent and permanent loan. In the urgent case, the return period is determined immediately, but in the unlimited term there is no such condition; the return is carried out upon request, on the agreed terms.
Target or consumer. When concluding an agreement between individuals, as a rule, the purpose of the funds is not specified.

A receipt is a document confirming the fact of transfer of funds and acts as evidence of the existence of such a relationship between the parties. In practice, loans between individuals are most often confirmed by receipts. It will not contain detailed features of the relationship between the borrower and the lender, but will fully reflect the main essence - the fact of transfer of funds and the need for repayment.

Non-repayment of debt on receipt

The document is drawn up in simple, business-like language. All aspects of the claim must be clear to the debtor.
You cannot use death threats, blackmail, illegal demands, or point out the consequences arising from illegal actions.
The consequences indicated in the claim must be within the framework of the law and the text of the receipt.
If the debtor refuses to accept the document, it is recommended to send it by registered mail with a list of the attachments. The lender has the right to use notification of delivery.
The claim is signed by the lender himself or his representative, if he has the appropriate authority. When a representative contacts a debtor, he must have a properly executed power of attorney.
When going to court, it is better to indicate pre-trial work, even if such an order was not mandatory.

A receipt is a simplified version of a document confirming the existence of a relationship between persons as between a debtor and a lender. The claim procedure upon receipt will not be mandatory, but in some cases it allows one to avoid lengthy litigation and significantly saves time and money for both parties. Failure to comply with it is not a violation if the pre-trial procedure is not established in the text as mandatory.

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Claim to the debtor

A claim to the debtor for the return of money is an important document at the pre-trial stage of debt collection. However, such a letter to the debtor is not always necessary. In what cases such a demand for debt repayment is sent, and when not, we will consider in this article.

Whether it is necessary to send a claim to the debtor or not depends on the receipt (loan agreement).

It often happens that when we lend money and ask the borrower to issue a receipt, we consider that this is just a simple formality and do not attach importance to some of the inaccuracies made when drawing it up. For example, it often happens that the receipt or loan agreement does not indicate the loan repayment period.

If you lent money to someone, but the receipt or loan agreement does not indicate a time limit for repaying the money, then by law it is considered that you have thus agreed with your borrower that he will return the money to you on demand.

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__________________________________

(name or full name of the borrower)

residential address: ___________________________________

from ___________________________________

(name or full name of the lender)

tel. ____________, fax ________, email. mail: __________

Requirement

lender to repay the loan amount

According to the agreement (receipt) dated “____” __________ _______, you received money from me in the amount of ________________ rubles.

According to para. 2 p. 1 art. 810 of the Civil Code of the Russian Federation, in cases where the repayment period is not established by the contract or is determined by the moment of demand, the loan amount must be repaid by the borrower within thirty days from the date the lender submits a request for this.

Based on the above, I demand that the loan be returned to me in the amount of _____ (in words) rubles within _____________. (we provide 30 days)

“___”________ ___ year __________________date signature