A huge number of people, abandoning the idea of taking a loan from a bank, prefer to lend a certain amount to their friends or relatives. But if in the case of a financial institution the majority tries to pay off as soon as possible, then in the case of a private loan, the situation is not so simple. Of course, it all depends on the person, but quite frequent are cases where the debtor refuses to repay the debt. What to do in this situation?
Can save here IOU, which, according to the Civil Code (Article 808), must be drawn up by persons as evidence of a loan agreement. How to make a statement of claim, a sample of such documents, as well as the necessary evidence base, will be discussed further so that everyone can understand how to act if they fall into the trap of a negligent borrower.
About the receipt
Any business should be approached thoroughly, and if it concerns violated civil rights of an individual, then even more so. Therefore, you should immediately consider how to properly issue a receipt of debt so that it subsequently does not turn out to be a useless scrap of paper.
First of all, it should be a decent sheet, not a scrap from a notebook or, even worse, a notebook. Agree, which document inspires confidence, especially if it is about loan obligations, when outwardly it looks more like a baby letter. The receipt must indicate the following points:
- full passport data of both parties, including date, place of birth, residence and registration and, of course, full name;
- date of preparation of the document;
- date of completion of the obligation with full repayment of the debt;
- possible late fees for settlement.
The main condition, which subsequently does not raise doubts as to the authenticity, is that the borrower must record all this with his own hand. Be sure to indicate that the money in such and such amount was transferred after the fact.
Lawsuit
In order to be able to go to court, a dispute is needed. The presence of only a receipt that someone owes someone money does not confirm this fact. Even if the borrower indicates the return date in the document. Statement of claim collection of debt it is possible to sue only after a written request sent to the debtor by registered letter on loan repayment. In this case, a copy of the original letter and a receipt about postal services will need to be attached to the claim as evidence. If at the time of drawing up the loan agreement there were witnesses signing the receipt, then this will only play into the hands of the borrower if they can appear in court and testify that they were present at the time of drawing up the document. A statement of claim for debt collection by receipt may contain information about who witnessed its writing. But here a situation may arise that a person does not want to appear in court and will have every right to do so. However, with a properly executed debt receipt, this will be unimportant.
If the loan amount does not exceed 50,000, then you can apply for the restoration of civil rights in a court of general jurisdiction at the place of residence, in other cases, cases are considered by the justice of the peace assigned to the station at the address of the plaintiff. In this case, you will need to find out the number of the area of territorial jurisdiction and indicate its number in the header of the claim.
Precautionary measures
So that you do not have to file a lawsuit with the court, nowadays it’s not worth taking people’s word, whatever the relationship. Life can break even the most responsible people. And of course, before drawing up a loan agreement, make sure that the person who needs money is not a debtor. This fact should at least alert.
Drawing up a lawsuit
For a court to take a case into consideration, a statement of claim for debt collection by receipt must meet all the requirements. To do this, you need to learn how to draw up this document. The sample claim filed in this article will help you sort out what’s what.
So, firstly, you need to write a header in the right corner of the sheet. Here it should be indicated in which court the statement, who acts as the plaintiff (name, address and contacts for communication) and the defendant (name, address and contacts for communication). Further, focusing on the center of the sheet, you need to write the name "Statement of claim for debt collection by receipt." After that, you can begin to clarify the situation and describe who, when, for what needs and how much borrowed money, in what time period you pledged to give and did not return, and how you reacted to the written request. In this case, you should definitely make references to articles providing for such civil law relations. The final part of the claim should contain articles of codes of law as a basis and petition.
For example:
“Guided by Articles 807–808, 810 of the Civil Code of the Russian Federation and Articles 131, 132 of the Civil Procedure Code of the Russian Federation,
I beg:
To recover from a citizen such and such a sum of money in my favor. "
About lawsuits
A statement of claim to a court must necessarily contain a list of documents attached to it. As a rule, this is a copy of the plaintiff’s passport and TIN, the original and a copy of the receipt, a check for postal services and a copy of the request for a return of debt. The statement of claim must have as many copies as there are parties to the dispute. For example, the plaintiff, defendant and court - 3 copies, and each package must be accompanied by a set of documents. The copy for the court must contain the original of the debt receipt.
It is also very important not to forget to find out the obligatory amount of state duty in the court registry, without which the lawsuit will simply not be accepted for consideration.
Dispute resolution
Having submitted a statement of claim, a sample of which was examined in detail above, you need to be prepared for a lengthy process. In other words, immediately after a decision in favor of the plaintiff, it is unlikely that he will be able to receive the full amount of money. If the defendant owns the property, the court may seize it and even oblige it to sell in order to repay the debt to the borrower. If this is not available, then most likely the amount of debt will be paid out of the salary, and this is a much more sad result. In any case, such a dispute cannot be resolved in a short time, since after filing a lawsuit they consider whether it can be put into production for five days, after which a decision will be made whether to open a court case or to refuse further movement.
