Sample statement of claim to the court for the return of funds under the contract

If rights are violated, a citizen can go to court and initiate legal proceedings. During it, you can prove your case and achieve compliance with compensation claims. The basis for starting the proceedings is statement of claim to the court for the return of funds. The paper must be written correctly. In another situation, the authorized body will refuse to initiate proceedings. The requirements for the claim are enshrined in the current legislation. It is important to comply with them. We will talk further about the rules for preparing an application based on the sample, the features of applying to the authorized body, the limitation period and the features of paying state fees.

Sample document

If a citizen decides to prepare an application on his own, it is important to be careful. You will need to familiarize yourself with the norms of the current legislation regulating the drafting procedure. A sample statement of claim to the court for the return of funds will help to simplify the manipulation. It will allow you to understand what data needs to be reflected. As a result, the likelihood of document rejection and refusal to be considered will decrease.

Statement of claim for recovery of funds for services rendered
Statement of claim for recovery of funds against a receipt
Claim for collection of funds under a loan agreement
Statement of claim for a refund for a defective product
Statement of claim for the return of funds for services not provided
Claim for recovery of funds and compensation for moral damage caused
Claim to the magistrate for the recovery of funds
Statement of claim for a refund for goods of proper quality
Statement of claim for the recovery of funds for a defective fur coat product
Statement of claim for termination of the preliminary agreement and recovery of funds
Statement of claim for recovery of funds under a contract
Claim for termination of contract and recovery of funds
Claim for recovery of funds under a purchase and sale agreement
Claim for recovery of wages
Statement of claim for collection of child support
Statement of claim for recovery of penalties
Claim for unjust enrichment
Statement of claim for recovery by way of recourse
Statement of claim for consumer protection

How to file a claim for recovery of funds?

When preparing a statement of claim for the recovery of money, you must pay attention to the following:

Jurisdiction . Such disputes are heard by a magistrate or federal district court judge, depending on the size of the claims. As a rule, the application is submitted to the address of the defendant. The exception is a separate condition of the signed contract.
Defendant . It is precisely the culprit of the damage - the one who must pay the amount. In addition to your full name, you must indicate your residential address. Additionally, it is recommended to note all available contacts of this person (fax, email, etc.)
Cost of claim . At its core, the cost of the claim is the total amount of all claims. To determine the price of the claim, the principal debt and interest (penalty) must be summed up.
State duty . The amount of the amount payable for consideration of the case in court is calculated as a percentage of the cost of the claim and is determined by the tax code.
Grounds of claim . This part of the application should describe the fact that an obligation to return money has arisen - on the basis of law or contract.
The pleading part . In addition to the demand for debt collection, it is also possible to enforce the recovery of damages caused in court. The presence of such must be separately noted in the basis of the claim.
Applications . When submitting an application to the court for this category of dispute, a separate calculation of the amount of claims must be attached. Moreover, compliance with the claims procedure is also important. Therefore, if there is, for example, a claim for debt collection under a lease agreement, the text of the document must also be sent to the court.

In addition, all documents referred to in the narrative must also be attached to the application.

USEFUL: watch more tips on filing a claim in our video from the YouTube channel

Compilation rules

The form of the document is not reflected in the current legislation. However, the papers contain a list of requirements that claims must meet.

In order for the authorized body to agree to consider the application, the following information will be required:

the name of the authority that will conduct the trial. It is imperative to find out which body is conducting the proceedings. Additionally, it is important to comply with the established rules of jurisdiction;
information about the plaintiff and defendant;
the circumstances of the controversial issue for the resolution of which the appeal was made to the court;
amount of debt and imposed sanctions;
a list of actions that were taken to peacefully resolve the conflict;
list of attached documentation.

According to statistics, not all plaintiffs can competently prepare a document. Often the legal rules are not followed. If a person cannot independently understand all the features of preparing an application, it is recommended to contact a highly qualified lawyer.

Methods for collecting overdue debt under a contract

There are several ways to force the debtor to repay the debt, these are:

An agreement in which there is a claim procedure for debt repayment with the execution of a settlement agreement.
Involvement of law enforcement agencies implies contacting law enforcement agencies in case of refusal to repay the debt voluntarily, the basis is several articles of the Criminal Code of the Russian Federation.
Involvement of private organizations, these can be economic security agencies operating on the basis of a state license, etc.
Going to court if out-of-court methods prove to be ineffective; in addition to the amount of debt, a claim may be filed in an arbitration court for the recovery of damages, which will require amounts arising in connection with the delay in payment under the contract.

Economic methods solve the problems of debts recognized as bad.

The listed methods of debt repayment, according to experts, are not universal; each of them is applicable in specific situations, which requires an analysis of the effectiveness of debt repayment.

List of applications

The statement of claim is supplemented by a list of documents for the claim, confirming the circumstances of the case and the rightness of the applicant. Usually a copy is sent.

Video

The list includes:

a copy of the claim sent to the defendant for review;
a documented calculation of the amount the person wants to recover;
copy of ID;
extract from the Unified State Register of Legal Entities or State Register, as well as TIN;
a cash receipt confirming the completion of a purchase or receipt of funds;
loan agreement;
warranty card for the received product;
submitted complaint and response received from the store;
an act certifying the diagnosis of the product;
a document confirming the fact of payment of the diagnostic fee;
receipt drawn up based on SMS notification.

The list may vary significantly depending on the specifics of the current situation.

Grounds for going to court

Filing a statement of claim is considered the simplest method of forcibly recovering funds from the debtor. The presence of a receipt confirms the existence of a debt and its exact amount. If such documents exist, this is a sufficient basis for contacting the authorized body.

Video

However, the circumstances may turn out to be simple only at first glance. Often citizens are inattentive when preparing receipts. The paper remains an ordinary note that has no legal force. In order to subsequently use it as evidence for a claim, you need to approach the design competently.

Any receipt must contain the following information:

date of drawing up of the paper and features of the transfer of funds;
information about the parties to the transaction indicating their passport details;
the amount of money lent - it is important to reflect the information in numbers and words;
the period within which the recipient must make the return;
signatures of the parties and their transcript.

If at least one of the above points is missing, the court may refuse to satisfy low-quality claims. A similar rule applies to other agreements on the basis of which legal obligations arise between the parties to the transaction. Sometimes an application to collect an amount from a debtor can be issued without an agreement. This is possible if the right to demand a penalty from the defaulter of alimony obligations has arisen.

In what situations is it not necessary to prepare a claim?

If the documentation confirms the presence of undisputed debt obligations, it is not necessary to begin legal proceedings. In this situation, it is enough to prepare an application to obtain a court order. Additionally, the method involves paying a reduced state duty.

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The court may issue an order in the following circumstances:

the amount of debt does not exceed 100,000 rubles. Such cases are subject to the jurisdiction of a magistrate;
the amount of debt is less than 500,000 rubles. The district court will consider the current situation;
debt is less than RUB 4,000,000. The arbitration court can consider the current situation.

This form of recovery is not always acceptable in practice. If the defendant does not admit the debt and takes measures to evade service of the order, and has also formally prepared an objection to it, the use of the order is excluded.

Statute of limitations

Having figured out how to write a statement of claim to the court for the return of funds, a citizen must remember the period during which collection is permissible. You can contact the authorized body within 3 years from the date of receipt of information about the violation. Sometimes the deadline differs from the general one. It is called special. The limitation period cannot be more than 10 years from the moment the rights were violated. If the terms of the agreement provide for a clear term, the period is calculated from that date.

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Special dates

The period may be provided for by the Civil Code or other regulations.

The following types of special periods are distinguished:

Not exceeding one year. So, if a citizen wants to challenge the fact of dismissal, the claim must be sent to court within a month.
Duration one year. An example is the inadequate quality of execution of a contract. The statute of limitations will be 1 year in situations where cargo transportation is involved. One party may have claims against the other. You will first need to submit a claim to the person responsible for the incident. Documentation is prepared in writing. When transactions concluded on illegal grounds are disputed. This category includes proceedings relating to contracts concluded as a result of fraud or misrepresentation. One year is provided to challenge if the employee causes damage to the employer. The period begins to count from the moment the incident is discovered.
Lasting 2 years. During this period, consideration of disputes regarding non-compliance with agreements on insurance of certain property may be initiated.
Long periods. An example is lawsuits filed based on oil pollution of the sea. You will be able to contact the authorized body within 6 years.

Which court should I go to?

If a claim in court for the return of funds under the contract is submitted to the authority, the proceedings will not be initiated. The application will be returned immediately. The authorized body cannot consider a dispute that is not within its jurisdiction. The plaintiff has the right to correct the situation by sending documentation to the authority that should consider the case. However, this will waste time.

If wishing to initiate proceedings, a citizen must act according to the following scheme:

Decide on jurisdiction.
Select the appropriate institutions of first instance.
Select the territorial body to which the documentation will be submitted.

When determining jurisdiction, it is important to focus on the relationship of the transaction with any type of economic activity. Entrepreneurship is also included in this category. If the case concerns the above area, you must contact the arbitration court. The above authority is responsible for reviewing applications related to interaction between individual entrepreneurs and legal entities. The remaining claims are heard in the general courts. The choice is made depending on the price of the application. When the cost is less than 100,000 rubles, the appeal will be considered by the magistrate court. In a situation where the amount is larger, the district courts will consider the application. Sometimes they are called urban. Additionally, it is worth considering jurisdiction by territory. You must contact the authority at the place of residence or location of the defendant.

Nature of the claim	Price less than 100 thousand rubles.	The cost exceeds 100 thousand rubles.
Sphere of civil legal relations	Considered by the World Court	Considered by the district (city) court
Economic or business sphere	Considered by the arbitration court	Considered by the arbitration court

Claim for debt collection under the contract

Before going to court, especially arbitration, it is necessary to comply with the claims procedure, i.e. before the trial, contact the debtor with a demand for repayment of the debt.

A claim is something like a future lawsuit. What does the claim include?

The claim must contain information about who it is addressed to, i.e. details of the debtor, full name or name, if it is a legal entity, address of the debtor. You can specify a phone number, email address, INN for the organization.
The claim must be clear from whom it is being sent, i.e. data of the creditor, claimant, future plaintiff.
Most often, claims are printed with the organization’s stamp, which includes the date and number, i.e. information about the internal registration of such a claim.
The document can be called a “claim”. Although the title of the document does not play a big role, the main thing is that it follows from the text that this is a claim.
The text of the claim, as a rule, sets out the circumstances of the formation of the debt, i.e. when, between whom, what the agreement was concluded about, what violations were committed by the debtors that led to the formation of debt, debt calculation. The rules of law on the obligation to properly fulfill assumed obligations, etc. are indicated.
The petition part indicates the requirements of the creditor, i.e. what amount the debtor must return and pay to the creditor. You can specify by what date the return must be made. IMPORTANT: in some courts, most often in the Moscow Arbitration Court, the plaintiff may be refused to accept the claim due to failure to comply with the claim procedure, on the grounds that the requirements in the claim and the demands in the claim differ, for example, in amount. Therefore, it is very important to clearly formulate your requirements in the claim and then duplicate them in the claim.
After the requirements, you can make a reference to the rule of law establishing the period for consideration of the claim or to the clause of the contract that regulates the period for responding to the claim.
At the end of the claim, information is indicated about who is signing the claim and putting a signature.

USEFUL: watch also the video with additional advice from a lawyer on filing a claim

Amount of state duty

The indicator directly depends on the status of the applicant and the claim. A number of citizens may be exempt from paying the amount. The benefit can be full or partial. If we are talking about a proceeding in which individuals and legal entities, government bodies, and compulsory health insurance agencies take part, and the matter concerns the challenge and protection of violated rights, freedoms and interests, it is necessary to apply to the courts of general jurisdiction.

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The district court is considered the body of first instance. The amount of state duty for property, administrative and property claims subject to assessment depends on the value of the claim. The calculation is made in accordance with the norms of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation.

Cost of claim	State duty amount
Less than 20 thousand rubles.	4% of the cost of the claim, but not less than 400 rubles.
20-100 thousand rubles.	800 rub. + 3% of the amount over 20 thousand rubles.
100-200 thousand rubles.	3.2 thousand rubles. + 2% of the amount over 100 thousand rubles.
200 thousand - 1 million rubles.	5.2 thousand rubles + 1% of the amount over 200 thousand rubles.
Over 1 million rubles.	13.2 thousand rubles. + 0.5% of the amount over 1 million rubles, but not more than 60 thousand rubles.

If writ proceedings are conducted in court, the amount of the state duty will be half of the specified amount within the framework of the claim proceedings. Sometimes a property claim may not be subject to assessment. In this situation, the determination of the amount of the state duty will be made in accordance with the norms of subparagraph 3 of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation. A similar rule applies if a non-property claim is brought forward. If documents are submitted by an individual, you must pay 300 rubles. When a legal entity submits an application to the court, the payment will be 6,000 rubles. Sometimes individuals submit documentation to the Constitutional Court. There is also a need to pay state fees.

Video

Its size will be:

6.75 thousand rubles, if a petition is sent;
6.75 thousand rubles if a complaint is filed;
450 rubles when a citizen sends a complaint.

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\f4\fs24\b1\cf17 Statement of claim\line for debt collection under the contract\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 \par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \ f4\fs24 \cs65552\f4\fs24 [{\cs26\b1\cf17 \b1\cf17 Name}] (hereinafter - Plaintiff, Contractor) and [{\cs26\b1\cf17 \b1\cf17 name}] (hereinafter - Defendant, Customer) entered into an agreement dated N\~[{\cs26\b1\cf17 \b1\cf17 enter the required}] dated [{\cs26\b1\cf17 \b1\cf17 day, month, year}], according to which the Contractor undertakes, on the Customer's instructions, to perform work [{\cs26\b1\cf17 \b1\cf17 type of work}] in accordance with the terms of the contract and design documentation, including possible work not specifically mentioned in the project, but necessary for the complete construction of the facility and normal operation.\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 The cost of work is determined according to the estimate documentation approved by the parties. 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The Customer refused to pay for the remaining part of the work, citing the fact that the cost of contract work indicated in the local estimate differs from the cost indicated in the certificates of completion.\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 By virtue of {\field{\*\fldinst {HYPERLINK “https://internet.garant.ru/document/redirect/10164072/7021”}}{\fldrslt {\cs24\ b0\cf18 paragraph 1 of Article 702}}} of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) under a contract, one party (Contractor) undertakes to perform certain work on the instructions of the other party (Customer) and deliver its result to the Customer, and the Customer undertakes to accept the result work and pay for it.\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 The basis for the obligation to pay for the work performed by the contractor is the delivery of their result to the Customer ({\ field{\*\fldinst {HYPERLINK “https://internet.garant.ru/document/redirect/10164072/711”}}{\fldrslt {\cs24\b0\cf18 Article 711}}} and {\field{\ *\fldinst {HYPERLINK “https://internet.garant.ru/document/redirect/10164072/746”}}{\fldrslt {\cs24\b0\cf18 746}}} Civil Code of the Russian Federation). Delivery of the work result by the Contractor and its acceptance by the Customer is formalized by an act signed by both parties ({\field{\*\fldinst {HYPERLINK "https://internet.garant.ru/document/redirect/10164072/7534"}}{\fldrslt { \cs24\b0\cf18 paragraph 4 of article 753 }}}Civil Code of the Russian Federation).\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 {\field{\ *\fldinst {HYPERLINK “https://internet.garant.ru/document/redirect/10164072/720”}}{\fldrslt {\cs24\b0\cf18 Article 720}}} of the Civil Code of the Russian Federation establishes that the Customer is obliged within the time frame and in the manner prescribed by the contract, with the participation of the Contractor, inspect and accept the work performed (its result), and if deviations from the contract are discovered that worsen the result of the work, or other shortcomings in the work, immediately notify the Contractor. A customer who discovers deficiencies in the work during its acceptance has the right to refer to them in cases where the act or other document certifying acceptance stipulated these deficiencies or the possibility of subsequent submission of a demand for their elimination.\par\pard \pard\plain \ fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 The result of the work performed by the Contractor was accepted by the Customer without complaints regarding quality and volume.\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 According to {\field{\*\fldinst {HYPERLINK “https://internet.garant.ru/document/redirect/10164072/395”}}{\fldrslt {\cs24\b0 \cf18 Art.\~395}}} of the Civil Code of the Russian Federation in cases of unlawful withholding of funds, evasion of their return, or other delay in their payment, interest on the amount of the debt is subject to payment. The amount of interest is determined by {\field{\*\fldinst {HYPERLINK “https://internet.garant.ru/document/redirect/10180094/100”}}{\fldrslt {\cs24\b0\cf18 key rate}}} Bank Russia, operating in the relevant periods. These rules apply unless a different interest rate is established by law or agreement. Based on the amount of debt, the amount of interest for the use of other people's funds is [{\cs26\b1\cf17 \b1\cf17 amount in figures and words}]\~rub.\par\pard \pard\plain \fi720\qj\hyphpar1\ sb0\sa0 \f4\fs24 \cs65552\f4\fs24 For the purpose of reconciliation of the parties [{\cs26\b1\cf17 \b1\cf17 indicate information about the actions taken by the party (parties) aimed at reconciliation, if such actions were taken}]. \par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 Based on the above, guided by {\field{\*\fldinst {HYPERLINK “https://internet. garant.ru/document/redirect/10164072/309"}}{\fldrslt {\cs24\b0\cf18 Art.\~309}}}, {\field{\*\fldinst {HYPERLINK "https:// internet.garant.ru/document/redirect/10164072/310"}}{\fldrslt {\cs24\b0\cf18 310}}}, {\field{\*\fldinst {HYPERLINK "https://internet.garant. ru/document/redirect/10164072/395"}}{\fldrslt {\cs24\b0\cf18 395}}}, {\field{\*\fldinst {HYPERLINK "https://internet.garant.ru/document/ redirect/10164072/20702"}}{\fldrslt {\cs24\b0\cf18 702}}}, {\field{\*\fldinst {HYPERLINK "https://internet.garant.ru/document/redirect/10164072/ 711"}}{\fldrslt {\cs24\b0\cf18 711}}} of the Civil Code of the Russian Federation, {\field{\*\fldinst {HYPERLINK "https://internet.garant.ru/document/redirect/12127526/ 125"}}{\fldrslt {\cs24\b0\cf18 st.st. 125}}}, {\field{\*\fldinst {HYPERLINK “https://internet.garant.ru/document/redirect/12127526/126”}}{\fldrslt {\cs24\b0\cf18 126}}} Agroindustrial Complex of the Russian Federation,\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 \par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \ f4\fs24 \fi698\qc \cs65552\f4\fs24 please:\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 \par\pard \pard\ plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 1. To collect from the Defendant in favor of the Plaintiff the debt under the contract N\~[{\cs26\b1\cf17 \b1\cf17 enter the required }] from [{\cs26\b1\cf17 \b1\cf17 day, month, year}] in the amount of [{\cs26\b1\cf17 \b1\cf17 amount in figures and words}]\~rub.\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 2. To collect from the Defendant in favor of the Plaintiff interest for the use of other people's funds in the amount of [{\cs26\b1\cf17 \b1 \cf17 amount in figures and words}]\~rub.\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 \par\pard \pard\plain \fi720 \qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 Appendix:\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 1. Notification of delivery of a copy of the application to the Defendant.\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 2. Document confirming payment of the state fee.\par\pard \pard \plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 3. Copy of the contract.\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 4. Copies of work acceptance certificates.\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 5. Calculation of interest.\par \pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 6. A copy of the certificate of state registration as a legal entity.\par\pard \pard\plain \fi720\qj \hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 7. Power of attorney or other documents confirming the authority to sign the statement of claim.\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4 \fs24 \cs65552\f4\fs24 8. Documents confirming that the party (parties) have taken actions aimed at reconciliation, if such actions have been taken and the relevant documents are available.\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\ sa0 \f4\fs24 \cs65552\f4\fs24 \par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 [{\cs26\b1\cf17 \b1\ cf17 signature, initials, surname}]\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 \par\pard \pard\plain \fi720\qj\hyphpar1 \sb0\sa0 \f4\fs24 \cs65552\f4\fs24 [{\cs26\b1\cf17 \b1\cf17 day, month, year}]\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\ sa0 \f4\fs24 \cs65552\f4\fs24 \par\pard }

Methods of circulation

Today there are three options for providing papers.

A citizen has the right to transfer them using the following methods:

during a personal visit to the authorized body;
by mail;
via email.

The last method is considered the least preferable, since you still have to provide the original papers. Therefore, it is recommended to use the above two methods. Additional information can be obtained by phone.

Video

If a citizen personally visits the authorized body, a court employee will be required to put a mark on one of the copies confirming the fact of acceptance. Sending of papers by mail is certified by a receipt. If the claim was accepted without questions and a date was put on it, this does not mean that the application will be considered. The court makes a ruling that there are insufficient grounds for consideration, and the package of documentation is returned. Therefore, it is important to carefully prepare your application. It is necessary to supplement it with all available documents confirming the presence of obligations.

Please note: It is important to pay attention to deadlines. If the limitation period has expired, you must additionally submit a petition requesting reinstatement. Civil law states that the fulfillment of obligations is carried out during the period determined by the terms of the contract. However, if we are talking about debt collection, it can be claimed within 3 years from the moment the violation was discovered.

When deadlines are missed for a good reason, the judge may decide to reinstate them. If the basis for such a verdict is not clear, it is better not to write about it and not to draw the attention of the interested party and the court.

Video

There is a possibility that the defendant will realize that such a trick is being used and will file a response, indicating the reason for the expiration of the statute of limitations. The court will calculate the period. If a violation is discovered, the claim will be left without consideration.

It is important! If a citizen plans to go to court on any issue, the statute of limitations must first be observed. Don't delay. If a person does not agree to dialogue, it is recommended to initiate proceedings immediately.

Often citizens, evading fulfillment of obligations for a long period, carry out the action deliberately.

How to file a claim

A claim for debt collection is filed in the manner provided for by the parties in the agreement.

If there is no such condition or the agreement itself, then your choice is:

to the court office;
by mail;
through Internet services "" or

If the court accepts the claim, then the further procedure for collecting the debt will depend on you and the work of your lawyer. Winning a case is not enough. You also need to actually receive the debt with compensation.

Execution of the decision

When a verdict is rendered, it will be binding on both parties. However, in practice, the defendant does not always comply with the current legislation and return the overpaid funds. In this situation, the plaintiff has the right to go to court again and receive a writ of execution. Based on the application, the bailiffs will initiate proceedings. Representatives of the institution will take measures to search for the debtor’s property and enforce collection. If the defendant is an organization, you can provide the writ of execution directly to the bank that services the current account. This allows you to collect funds as quickly as possible.

What to do if the money collected through the court is not paid?

In the vast majority of cases, there is a time gap between the court's decision and the actual receipt of money. A natural question arises: is this how it should be? How to respond to a debtor delaying the debt repayment process?

For such issues, it is necessary to submit an application for indexation of monetary amounts to the court. Taking into account inflation and the debt repayment period, the court will additionally recover funds in favor of the plaintiff.

At the same time, in comparison with the collection of interest by virtue of 395 of the Civil Code of the Russian Federation, indexation is carried out in a simplified manner (most often in one process) and is not subject to payment of state duty.