Debt collection by receipt - legal assistance and debt repayment options

What role does a receipt play when repaying a debt?

A receipt is a written document that confirms the transfer of money from one person to another.

It contains information about the fact of delivery of funds, the allocated amount and the date when the borrower must repay the debt. In fact, this is a loan agreement.

The document acts as proof that the person took the money. Ideally, the paper should be notarized, but current legislation does not oblige individuals to use the services of notaries.

In general, those who do not draw up a receipt also have a chance to get the loan back, but this is much more difficult to do and only if there is evidence of money being transferred from one account to another.

Contacting third parties

Sometimes a creditor who is unable to get his money back decides to turn to third parties for help. Collection agencies play this role.

This is not the best idea; it is better not to resort to it unless absolutely necessary. When a debt is turned over to a collection agency, the creditor may not be able to fully recover all of their money. This is due to the fact that such agencies will also charge a fee for their services. It will be 10-30% of the amount of debt collected from the debtor.

Important! Collectors will be able to return only 90-70% of the debt to the client if there is already a writ of execution for it. If there is no such sheet, collectors will return 50% of the debt.

Still, this method has its advantages:

• Short terms of debt repayment, high probability of receiving part of the money.
• There is no need for personal contacts with an unscrupulous debtor.

Rules for drawing up a receipt

It is worth noting that this document is considered an analogue of a loan agreement and the terms of the agreement can be specified in it. Namely:

• the amount borrowed;
• time when you need to repay the debt;
• the amount of interest (optional) and the procedure for their payment;
• method of refund (bank transfer, cash);
• other conditions.

What should the receipt look like?

The repayment of a loan on a receipt depends on how well it is drawn up. The document must be in writing. It is signed by the borrower, this confirms that he has received a certain amount. In some cases, the paper is signed by both parties to the agreement. If the procedure takes place in front of witnesses, they must put their signatures and also indicate their passport information in the document.

When do you need a notary?

The participation of a notary in drawing up the receipt is optional. However, this will give an advantage to the one who lends the funds. In particular, when drawing up a document, a notary:

• will confirm the legal capacity of both parties;
• will check the authenticity of passport data;
• make sure that no fraud is committed and no one is threatened;
• will mark the transfer of money.

The disadvantage of notarization is the fact that you have to pay a fee. A percentage of the transaction amount is charged.

5 important points when lending money

Borrowing money is always associated with risks, even when the funds go to relatives or close friends. To minimize risks, it is worth considering the recommendations of lawyers specializing in debt collection by receipt:

1. Before drawing up the paper, you need to check the original passport of the person to whom the money is being transferred. This can be done through the online services of the Ministry of Internal Affairs. Also, you should not accept copies or documents of third parties instead of originals.
2. It is better to ask for a handwritten receipt. If the document is disputed, it will be possible to resort to a handwriting examination. If the person has already typed the text, you can ask to decipher the full name by hand next to the signature.
3. You must provide your passport details accurately. The loan amount must be indicated in both numbers and words.
4. The lender must have the original. You can also make two copies.
5. It is prohibited to take the debtor's passport as collateral. They may be held accountable for this.

How to transfer money correctly

Typically, if a receipt is issued, the transfer of money occurs in cash. Each party independently recalculates the funds. Then indicate the amount on the paper.

If money is lent by transfer to a bank card, it is advisable to indicate the purpose of the transfer in the purpose of the payment. It is almost impossible to challenge a payment document. This will serve as evidence in court.

Are witnesses needed?

To receive a debt under a receipt, the presence of third parties is not necessary. But if a person wants to attract witnesses, it is important that they see the entire process and confirm the actions with signatures.

No. 7. The debtor may be a fraud

You can write a statement to the police to hold the debtor accountable. If the police find out that the borrower knew in advance that he would not return the money or, when receiving the money, deceived the lender, misleading him (for example, he took cash, promising, say, an apartment under a state program), then a criminal case may be opened against him under article 190 of the Criminal Code of the Republic of Kazakhstan “Fraud”. It is possible that several people were deceived using the same scheme. By joining forces, it will be easier to achieve the desired result.

How to repay a debt using a receipt

The process of collecting a debt from an individual against a receipt has its own peculiarities. It is important to know when and how a person can claim their rights.

When can you demand money?

According to current legislation, the creditor has the right to sue the debtor from the moment of violation of debt obligations. Depending on what conditions are specified in the receipt, the requirement appears:

• from the day following the date of return of the full amount;
• from the day following the date of repayment of half of the loan, if there is an agreement between the parties to pay in installments;
• after the borrower refused to repay the debt within a reasonable time, when the receipt does not indicate the exact date of repayment.

The last point is a special case. If, at the time of drawing up the document, the parties have not agreed on the exact date when the debtor is obliged to return the money, the transaction is considered to be concluded for an indefinite time. In practice, the lender must first send a request for repayment to the borrower in writing, and then take more radical actions within a reasonable period of time (in the most common practice, this is about 30 days).

Pre-trial settlement, filing of formal claims

If the debtor categorically refuses to fulfill his obligations, lawyers who work to collect debts by receipt recommend not wasting time and immediately filing papers with the court.

In other cases, you can try to resort to pre-trial settlement of the problem. During this, the following actions are performed:

1. A couple of days before the date when the debt is due to be repaid, you need to remind the borrower about this. You can do this by sending a message to your phone or on a social network. Based on the person's response, it can be concluded whether he intends to fulfill his obligations or not.
2. A written notice or claim is sent when the return period has passed. It is better to do this by registered mail with a notification by mail or hand it in person so that the person signs for receipt.
3. If this is acceptable, you can discuss with the debtor the option of extending the repayment period. They do this only in cases where there is confidence that the person will return the funds soon.

Obtaining a notary's writ of execution

This method has been used relatively recently; it has been introduced since 2018. Any lawyer for debt collection by receipt will suggest starting with it if the document was drawn up with the assistance of a notary.

Debt collection occurs as follows:

• the creditor goes to the notary, who makes a writ of execution on the promissory note;
• the receipt is transferred to the FSSP (without legal proceedings).

A document with a notary's writ of execution is already a reason for starting enforcement proceedings. But you will still need to fill out an additional application in order for it to be opened. It also indicates the bank account for depositing funds.

At the next stage, bailiffs do everything to ensure that the creditor gets the money back.

Contacting third parties to draw up an agreement for the assignment of the right of claim or enforcement

The Civil Code of the Russian Federation provides for the possibility of assignment of debt claims by the borrower to a third party. Such relationships must also be formalized in writing. This option is used when a third party is able to help in repaying the debt against a receipt.

The agreement implies the transfer by the present creditor of the rights to the debt to another person for a certain fee. As soon as the agreement is concluded, a third party has the right to collect the money.

The debt of individuals can be sold both before the trial and after (when there is a writ of execution in hand). The assignment agreement is concluded without the consent of the debtor, but he must be notified.

Preparation of documents for going to court

Having a receipt in hand, you can safely go to court. To do this, you need to draw up a statement of claim and attach to it a copy of the document confirming the loan of money. The original receipt will need to be presented directly at the court hearing. In addition, you need to prepare the following documents:

• calculation of the amount required for the claim;
• copies of written demands addressed to the debtor;
• responses to demands from the borrower;
• other correspondence with the debtor;
• receipt for payment of state duty.

A lawyer or lawyer who specializes in collecting debts by receipt can provide full advice on the procedure for filing documents for the court.

When can you get a court order?

The current legislation provides for the possibility of obtaining a court order. This procedure takes from two weeks to a month. An order is received if the amount of debt is no more than 500 thousand rubles. Also in this case, a receipt is required.

As part of the issuance of a court order, the court considers the case without summoning the parties and issues a court order. A copy of the order is sent to the borrower, who can challenge it within 10 days. If the person does not do this, the court order comes into force and is sent to the FSSP. Next, enforcement proceedings are opened.

How to draw up a statement of claim and submit documents to court

If there is a need to collect a debt from a person on a receipt, it is more effective to do this through the court. However, this path will take a lot of time.

First you need to find out the jurisdiction of the case. If the debt is no more than 50 thousand rubles, they go to the magistrate, when more - to the district court. In both the first and second cases, you need to go to the authority at the place of registration of the borrower.

Claim proceedings involve several stages.

At the first stage, a claim is drawn up. Next, the paper is sent by mail to the debtor. During the trial, this document acts as an argument in favor of the plaintiff. The claim indicates that the creditor tried to resolve the dispute out of court.

The second stage involves filing a claim. The document is drawn up in free form, but it must contain the following information:

• address and name of the judicial authority;
• Full name, address of registration and other information of the plaintiff and defendant in the case;
• statement of the plaintiff's position;
• the total amount of the payment (includes the principal debt, possible interest, state duty, penalty, expenses for a lawyer, etc.);
• evidence and facts;
• signature.

Next, the person pays the state fee and sends a package of documents to the court.

At the next stage, the actual court hearing takes place. By the way, there may be several of them. Some cases are considered for more than one month. The duration depends on the circumstances of the case.

The collection of debt against receipt through the court ends with the issuance of a writ of execution. After the court makes a decision, it is issued 30 days later.

We won the trial, what to do next?

Unfortunately, receiving a writ of execution or court order does not guarantee that the creditor will immediately receive the money. With rare exceptions, debtors return funds voluntarily and promptly. As a rule, if help is needed in repaying a debt under a receipt, plaintiffs are forced to go to bailiffs to speed up the process.

Having a writ of execution or a court order in hand, you can go:

• to the bank to write off debt from the defendant’s personal account;
• for the borrower’s work, so that the required amount is withheld from his salary (if the debt is less than 100 thousand rubles);
• to the FSSP so that the bailiffs can take care of the debtor.

FSSP employees have the right to send papers to withhold funds at the defendant’s place of work or to a financial institution in order to repay the debt. However, besides this, they have many other powers. For example, they can make it so that until the debtor returns the money, he will not be able to leave the country.

Court order

If the debtor is unwilling to fulfill his obligations, and written complaints have no effect, something more serious will be required. Such a measure is going to court. You need to have a receipt or loan agreement in hand.

The initial purpose of a visit to court is not to file a lawsuit, but to obtain a court order. Let's consider the inversion algorithm:

• First of all, an application for obtaining a court order is written. It is issued by a judge on the basis of a receipt or loan agreement.
• Next comes the payment of the state fee, its amount is approximately 1/2 of the cost of the statement of claim.
• Often, the debtor decides to pay off the debt after receiving a court order. This will become a settlement agreement between the two parties.