Even bosom friends can become sworn enemies if one of them lends money and the other does not want to return it. It’s good if you have a receipt, it’s much easier to collect the debt through the court. However, even a receipt is not a panacea for non-refund of money. Whether you have it or not, we recommend that you seek advice from a lawyer who can help you collect your debt.
The fact is that proceedings in court may be beyond the power of a person without a legal education. You can lose your case if you draft your claim incorrectly, or fail to prepare the necessary evidence, or even simply speak incorrectly during the hearing. Every little detail is important in this matter. That is why we recommend conducting legal proceedings with the help of a competent specialist.
You can select it using our service. The site presents many trusted law firms in any region. There is no need to worry that you will run into an amateur or a scammer. The price you agree on at the very beginning will not change - the money will be frozen in our service. The contractor will receive payment only after the work is completed. All you need to do is leave a request on the website. After that, law firms will respond to it, and you can choose any of them.
Features of a receipt to guarantee debt repayment
A correctly executed loan agreement will help protect the interests of the borrower. Article 808 of the Civil Code of the Russian Federation establishes that if an amount of up to 10 thousand rubles is borrowed, the agreement can be oral. If citizens lend each other a large amount or a legal entity acts as a borrower or lender, the agreement is drawn up exclusively in writing.
An oral agreement on a loan can be confirmed by a receipt from the borrower, which reflects the fact of the transfer of money and valuables. The receipt may contain the terms of the transaction itself, the procedure and deadline for return. It is optimal to issue a receipt from a notary or in the presence of two or more witnesses.
The document is written following the example of a civil contract. It should indicate:
- personal data of both parties: full name, passport details, registration and residence addresses;
- date and place of compilation;
- loan terms: amount in numbers and words, loan currency, fact of transfer of funds by the lender to the borrower;
- repayment procedure: repayment date or frequency of payments, volume and currency of payments;
- cost of use, if agreed upon by the parties;
- witness data;
- signatures of the parties.
Note!
The interested party in receiving the receipt is the creditor, but the debtor has the right to receive his own copy of the document in case the creditor tries to make changes to the document after signing.
What role does a receipt play in a loan agreement?
The loan agreement and the receipt have equal legal significance, but differ in their form and content. If a loan agreement is concluded, it must be drawn up in writing, if its amount is in accordance with Art. 808 of the Civil Code of the Russian Federation more than 10,000 rubles. It is signed by both parties. It specifies the terms of return, options for resolving disputes and conditions for paying interest if the debt in accordance with Art. 809 of the Civil Code of the Russian Federation more than 100,000 rubles. The receipt indicates only the amount of the debt and the time of its repayment. It is signed only by the debtor (possibly by witnesses present). Before you return the money on the receipt, you need to know how to draw it up correctly.
How to collect a debt from a debtor on a receipt without going to court
One of the chances to avoid court is to send a pre-trial claim to the debtor. This is an official letter indicating the seriousness of the intentions of the injured party. In it the creditor:
- Reminds you of the loan agreement, the terms of its conclusion and the agreed repayment terms.
- Indicates the accumulated debt and calculates the penalties for delay established by Article 395 of the Civil Code of the Russian Federation. Interest for the use of funds is accrued at the rate of the Bank of Russia.
- Makes a demand for return within a certain period.
- Warns that after the expiration of the specified period he will go to court.
Note!
The claim is sent by letter with notification. A Postal Service delivery receipt is included with the motion to certify that the defendant was given the opportunity to resolve the dispute voluntarily.
Interest on late payment of debt
There are two types of interest that the debtor must pay to the creditor: the interest for which the debt itself is issued is established by agreement of the parties; if the interest is not specified and the loan amount is more than 50 minimum wages, then this interest is equal to the refinancing rate at the place of residence of the lender (Article 809 of the Civil Code RF); the second type of interest is interest for late repayment of the loan itself; interest is accrued on this amount as established in Article 395 of the Civil Code of the Russian Federation. This article provides for interest established by the same refinancing rate valid for each period of delay.
If the amount of the penalty turns out to be too large, then the court may use Article 333 of the Civil Code of the Russian Federation and reduce the amount of the penalty if the debtor makes a corresponding statement.
How to recover through court
You can apply for collection to the magistrates or district court at the defendant’s place of residence. When choosing the first option, you should remember that the jurisdiction of the magistrate is limited to collections up to 50 thousand rubles. The applicant should also choose in which order to submit the application:
- writ proceedings. The processing time is 5 days. But the judge is obliged to cancel the order if the defendant receives an objection without taking into account their validity and circumstances. You can claim up to half a million rubles in this way.
- claim. The court considers the positions and arguments of the parties.
Note!
If the claim has not been sent before, it should be prepared and sent to the debtor before the trial. According to the requirements of Article 4 of the Arbitration Procedural Code of the Russian Federation, pre-trial settlement is mandatory for all claims for material claims.
The application contains:
- name of the court;
- Full name and addresses of the plaintiff and defendant;
- description of the concluded agreement and the facts of its violation by the defendant;
- references to Article 810 of the Civil Code of the Russian Federation “On mandatory repayment of loans”;
- the amount of the claim, which includes the body of the debt and interest accrued by prior agreement or under Article 809;
- appealing to the court with a request to recognize the claims as legal and force the defendant to pay the debt;
- list of applications;
- date and signature.
Note!
The application is accompanied by a copy of the claim with a postal notification and a receipt. You must pay a state fee from 400 to 60,000 rubles, depending on the amount of the claim.
The result of the trial will be a court order or resolution with a writ of execution. On their basis, you can entrust the process of debt repayment to the Federal Bailiff Service, which is authorized to seize the debtor’s funds and foreclose on his property.
Instead of court, you can turn to a collection company, but its services may cost more than half of the actual debt.
Stage 3. Trial
After receiving the statement of claim, the judge sets a date and time for the court hearing. All parties to the proceedings are involved in the process, including witnesses, if any.
The result of the consideration of the claim will be a court decision. If the dispute is resolved positively, the decision will reflect the amount collected from the defendant and how to repay the debt on the receipt - in full or in part, with the provision of payment in installments. As a rule, an installment plan or deferment is granted only with the consent of the plaintiff and the defendant has certain problems - for example, a difficult financial situation.
Based on the court decision, after it enters into force, a writ of execution must be issued. It must be borne in mind that only on the basis of a writ of execution is forced collection of a debt possible.
When can a debt not be repaid?
In general, we can distinguish 3 common situations in which it will not be possible to repay the debt against a receipt or without a receipt at all:
- If the statute of limitations has expired (if the borrower notifies the court about this, it will make a decision in favor of the borrower).
- If the borrower has neither income nor property (in this case, bailiffs will not be able to collect the debt from him).
- If the debtor has gone through the bankruptcy procedure and is officially declared bankrupt by the court.
That's all. I sincerely wish you never find yourself in such an unpleasant situation when you need to repay the debt through the courts. And to avoid getting into it, everything is simple: you don’t need to lend money. Especially large sums that you would hate to lose. See you again on Financial Genius!
Estimate:
Customer Reviews
Review by Rychnikova G.V. I express my gratitude to your employee Andrey Valerievich Ermakov for providing me with legal assistance.
I also express my gratitude to Diana Sumarokova for her polite and tactful customer service and the very pleasant atmosphere in your office.
Gratitude from Alexey Shubakov Many thanks to Sergei Vyacheslavovich for the complete and detailed consultation. I have not encountered legal assistance before, but now, with a very favorable impression, I will definitely apply again in the future.
Shubakov Alexey 10/17/2018
Review by B.I. Goreky Gratitude to Yuri Vladimirovich from B.I. Goreky for the consultation on family rights.
Gratitude from Elena and Alexander I sincerely thank lawyer Vasily Anatolyevich for his qualified and polite service. We will always contact you and tell our friends. Thank you.
Elena
Alexander 998-98-59
Gratitude from A.P. Sovenova and E.Ya. Komudina Dear lawyers!
Please accept our deep gratitude for your attention, professional approach and desire to help people. We especially want to highlight Dmitry Germanovich, Denis Yuryevich, Daria Valentinovna.
Best regards, A.P. Sovenov, E.Ya. Komudina
Gratitude to Vasily Anatolyevich Dear Lyubov Vladimirovna.
I would like to express my gratitude to Vasily Anatolyevich for his competent legal assistance in solving my difficult case. I wish you and your company further prosperity and success in your hard work.
From the bottom of my heart and with best wishes. 05/03/2018
Gratitude I express my deep gratitude to lawyer Konstantin Vasilyevich for his attentive, kind, and, most importantly, very clear and competent explanation of my situation. It's nice to know that the world is not without good people. I wish Konstantin Vasilyevich good health, success in everything, prosperity, good, grateful clients and all the best. Sincerely.
Gratitude from Truk N.N. I would like to express my gratitude to Vasily Anatolyevich Kavalyauskus, Alexander Viktorovich Pavlyuchenko and Maxim Andreevich Lobur for providing qualified legal assistance, with the help of which my problem was resolved quickly and clearly. When contacted, I always found understanding and attention. It’s good that the “Society for the Protection of Consumer Rights” employs such lawyers and advocates. I wish you success in your future work and defending the interests of consumers.
Sincerely, Truk N.N.
07.05.2018
Thanks to Stepanov D.Yu. I express my deep gratitude to lawyer Denis Yuryevich Stepanov for his high professionalism and attentiveness to his case when considering the issue in word with a contractor who improperly completed the work of erecting a screw foundation. The cost of the work amounted to 178,300 rubles. And the court of the Vyborg district (Case No. 2-1432/2018) dated March 12, 2018) to collect, taking into account all fines, 504,800 rubles. Once again, I thank you and wish you success in your future work and only successful business conduct.
Grateful to you, your client. 05/18/18
Gratitude from Bolotin V.S. I thank Alexander Viktorovich Pavlyuchenko for the work done as part of the investigation into the administrative case. I am especially grateful that almost all activities within the framework of the case were carried out by Alexander personally, without my involvement, which significantly saved my time. I would also like to note the efficiency with which the work was completed. I would like to wish Alexander further success in his professional activities and the successful completion of all current and subsequent cases, restoring justice to his clients.
Bolotin V.S., 02/12/2017
How to sell an individual's debt if you are owed - procedure
The purchase of debts of individuals by a third party is permitted by law.
There are two exceptions: alimony payments and compensation for damage to health.
Therefore, if you have lent someone a significant amount of money and do not know how to return it, you can contact a collection agency.
Step 1: Find a collection agency and provide all information about the debtor and debt
You can sell the debt of an individual when you have documents confirming that the person owes you money. When an individual borrows money, the evidentiary document is most often a receipt.
This evidence must be provided to the organization that provides collection services. In addition, provide as much information as you have about the debtor: where he lives, contact numbers, source of income and property, etc.
Action 2. Wait for the information to be verified by the organization’s analytical department
Specialists of the organization with which you decide to cooperate must check and clarify the validity of the demands and claims that you present to the debtor.
In addition, the assignment of the right to claim a debt will be legal only if the fact of the debt is confirmed by the court. Therefore, in addition to the document confirming the debt, you must provide the collection agency with a writ of execution and a court order.
Action 3. Agree on the terms of the debt sale
To choose the right collection company, send sales offers to several agencies at once. This way you can make rational choices.
When agreeing on the terms of a debt sale, if you doubt your abilities, invite an independent lawyer to the meeting.
Action 4. Sign an agreement on the assignment of rights to claim debt
In jurisprudence, such a document is called an assignment agreement. There are no clear requirements for such an agreement; it can even be drawn up in free form. This is where you will again need the help of a third-party lawyer.
When the contract is signed, it must be certified by a notary.
Action 5. Notify the debtor about the transfer of claims rights
When you assign the right to claim a debt to a third party, you do not need to obtain the debtor's consent. He can challenge this action on your part only when the contract contains a clause stating that assignment is prohibited.
Therefore, having drawn up an agreement with a collection agency, you simply inform the debtor of this fact by sending him a notarized copy of the assignment agreement. However, if you miss this point, the debtor will still be legally obligated to pay back the debt to the person to whom he gave the receipt.
In addition to the topic, we suggest watching a video where a famous lawyer tells how to choose a decent collection agency and not trust scammers.
Court decisions
My housing: what to do if they try to kick you out of your apartment
Gray sales schemes in new buildings
Intellectual law: The highest measure of taste
Divorce and all the ensuing consequences: what difficulties may arise during the divorce process?
Penalty from the developer Dalpiterstroy
Divorce: how to divide property so that everyone is happy
