In almost all cases, the question of how to repay a debt without a receipt and witnesses takes on the scale of a serious problem. Unfortunately, the peculiarities of the Russian mentality are such that we do not always consider it necessary, borrowing money from a person, take a written document from him about this and invite third parties to confirm the fact of the transfer of banknotes.
Moreover, a person neglects such measures if financial resources are borrowed to relatives. However, as practice shows, even close people in some cases turn out to be unscrupulous borrowers, and then the question of how to repay the debt without a receipt and witnesses becomes paramount.
Of course, today there is more than one solution to this problem.
Do not know how to repay a debt without a receipt and witnesses? Today you can easily find a ton of ads of a promotional nature, offering "beat out debts." However, it is not known how legal the means by which you will be assisted are legal; therefore, it is up to you to decide whether to use the services of such companies or not.
Of course, there are legal options for resolving the issue of how to repay a debt without a receipt and witnesses. These, in particular, include contacting the police or the court.
Police
If you are racking your brains on how to repay a debt without a receipt, the first thing to do is write a statement on the fact of fraud to law enforcement agencies. In the document you should reflect as much as possible the circumstances of the case and attach all the evidence you have, which will be written below.
Your application will be required to register. After a certain period of time, the investigator to whom your case will be written will call you for a conversation and record all that has been said. After this, a similar procedure awaits the borrower, and if he denies the fact that he borrowed money, the case will be referred to court, which will establish the truth.
Court
If you are seriously concerned about how to return the money without a receipt, then without hesitation, write a statement of claim to the above authority, and you do not need to contact the police before doing this. If the borrower finds out about this, then consider that half the business has already been done. The debtor is not tempted by the prospect, in addition to paying the principal and interest on it, to compensate for moral damage and legal costs.
Borrower Tactics
Analyzing the question of whether there are options for how to repay the debt without a receipt, attention should also be paid to the motives of the borrower, which may be different. If he, in particular, is in a difficult financial situation, then it is likely that he really is not easy at a particular time to get out of the debt hole.
In this case, it will be right to have a dialogue with the debtor and try to convince him to draw up a receipt or a written loan agreement, which will reflect all the conditions on which the parties managed to reach an agreement. When the borrower puts his signature on the above documents, it will be much easier to sue him if he does not want to voluntarily fulfill his obligations.
And yet, how to repay a debt without a receipt? How to return the money if the borrower intentionally does not want to give back your savings? Here you need to present as many arguments as possible that you really lend money.
So, in order to solve the question of how to collect debt without a receipt, in your favor, it is necessary to collect a solid evidence base.What can it consist of? Please note that the judge will evaluate all evidence in aggregate.
Voice Recording
If you communicated with the debtor, then you should fix this through a voice recorder. It is very important that in the process of such a dialogue the borrower mentions the size of the debt, the timing of its return.
Correspondence via SMS
A person may ask you to lend him money in SMS messages. Such correspondence can be printed on tangible media, copied, and with witnesses drawn up a document stating that they have read the contents. To give these documents greater legal force, they should be certified in a notary's office.
It will not be superfluous to turn to the appropriate experts to guarantee the authenticity of such evidence. However, the borrower may refer to the fact that the phone with its SIM card was in the hands of another person at the time the SMS messages were sent. For this reason, several types of evidence should be enlisted.
Email Correspondence
Letters received from the debtor by e-mail also make sense to be certified by a notary. You can also resort to the services of experts who can establish the authenticity of these documents.
Audio recordings
So, you have almost received the answer to the question of whether it is possible to repay the debt if there is no receipt. It should be noted that the lender will have less problems if conversations with the borrower are recorded on magnetic media. However, the civil procedure law obliges to indicate under what circumstances evidence was obtained: when, by whom the recording was made, and so on. In addition, a text transcript should be attached to the audio recording.
Again, it will not be out of place to turn to specialists to establish that the voice belongs to a specific person and guarantee the absence of traces of installation.
Debt recovery procedure in the presence of evidence
Of course, there is a lot of doubt about how to repay the debt without a receipt and witnesses. “Can this be done?” Many ask. Theoretically, this is quite real, although only the court puts an end to this matter. At the same time, having evidence of fraud on the part of the borrower, you can bring him to criminal liability by initiating a case of fraud. You only need to write a statement of the established form.
If you receive a refusal to initiate proceedings, then no one will rob you of the right to appeal. If you respond positively to your complaint, which is not so often, then this somewhat simplifies your actions to protect your material interests.
According to the criminal procedure law, in the framework of the proceedings before the end of the judicial investigation, you can initiate the filing of a civil lawsuit, and in this case you are exempted from paying the state fee.
Collector Services
In parallel with litigation, you can turn to a collection agency for help. Naturally, the services of such firms are not free. In any case, this will increase your chances of getting your money back.
Despite the fact that the methods of work of offices specializing in “debt collection” are not always legal in nature, nevertheless, some of them try to comply with the law.
Conclusion
Of course, it will be a mistake to say that repaying a debt without a receipt and witnesses is a trifling matter, especially when it comes to large sums of money. At the same time, in order to positively resolve the issue, the maximum of available resources should be used, and then the chances of success will be high.
Remember that in cases of violation of debt obligations, the borrower's line of behavior is of great importance: whether he considers himself guilty or not. In the first case, the situation can be simplified by concluding a settlement agreement.
In such cases, it is very important to ask the court for an immediate refund, and in full.This is necessary in order to protect yourself from unforeseen situations when, for example, the borrower consciously indicates in the documents that his earnings are very small. Naturally, in such a situation, the judgment will be executed for years.
In any case, if you do not have a written document confirming the fact that you lent the money, you can still return it.
