Very often, people give each other money in debt, without thinking about how in the future they will be taken back.
It seems that there should not be mistrust between friends, and in fact most often they become enemies.
When the transfer of money occurs, regardless of the amount, relations between people and other circumstances, this fact must be recorded in any written way.
Receipt
Article 808 of the Civil Code of the Russian Federation directly indicates that if the loan amount is more than ten minimum wages (more than 10 thousand rubles), then it is necessary to lend money against receipt.
In the event that a person refuses to return the money or requests a delay of several months, it is possible to recover funds through a court using a simple handwritten document.
When one of the parties to the transaction is a legal entity, the document is prepared regardless of the amount.
Receipt. Sample text
In addition, the receipt, where these passport details and the address of the place of residence should be indicated, may contain essential loan conditions, as in this banking document.
Significant can be called such conditions, which determine the date of return, amount and interest, if they are provided initially.
Also, in court, if you need to apply to it, any written confirmation of the transfer of money and the borrower's responsibility to the creditor will be taken into account, which will simplify such a procedure as debt collection by receipt.
The only condition is that the document must contain the identification data of the person who borrowed the money. It must be remembered that if the receipt indicates that the loan is interest-free, then it will be impossible to recover exactly the interest for the amount provided.
In judicial practice, there were cases when people came, wrote statements of claim, invited witnesses to the courtroom, but the court rejected the claim. A written evidence of the transfer of money is required.
Pre-trial settlement procedure
When all the deadlines have already passed, and the debtor did not give the money, it is necessary to start taking measures.
First of all, you can just talk, find out the situation. And if there is a willingness to wait yet, then there is no need to go to court.
In the event that the debtor does not agree to the terms, it is possible to send him a request by regular mail - by registered mail with notification of receipt. This will be the only confirmation for the court that the creditor tried to resolve his monetary issue peacefully.
If no response is received from the debtor, and there is also no feedback, you must write a statement of claim to the court to collect the debt by receipt. You can’t look for a sample application to the court, since the most important thing is to fill in the “heading” correctly: the name of the court by territorial affiliation, the data of the plaintiff.
Drawing up a statement of claim
Thus, the document will be called as follows: the claim for the recovery of funds by receipt.
Further, for the court, it is necessary to state the essence of the requirement, which consists in the fact that one citizen handed over to another of a certain date a certain amount of money with a receipt, according to Article 808 of the Civil Code of the Russian Federation, and an indication of the date when the return was to take place.
After this, the claim itself is indicated, which should begin with the words "I ask ...", and below - the requirements for the specific debtor, as well as the grounds on which it is possible to present these claims.
In addition, if the creditor intends to collect the debt on the receipt in full - forfeit, interest on the loan itself or simply interest on the use of funds, even if this was not indicated in the receipt - special attention should be paid to this. When submitting claims to the debtor in the statement of claim, all additional desired charges must be specified in detail.
When considering the case, the judge will decide on the amount of the refund and can either fully satisfy the claim, or partially.
At the end of the statement of claim, those applications (documents, copies of documents) are usually prescribed that are necessary for the consideration of this case.
As a rule, after a debtor receives a subpoena to appear in court as a defendant, judicial recovery of debts may not be necessary.
Judgment
But the fact is that the statement of claim has already been accepted into work. In this case, it is possible to resolve the issue at the hearing. However, this does not always happen. In extreme cases, the judge makes a decision that obliges the debtor to pay the entire loan amount, possibly with interest (the judge decides if the plaintiff declares this in a lawsuit).
Then begins the long-term debt collection on receipt. Practice shows that, as a rule, return in these cases occurs in 50% of cases immediately. The remaining 50% - you have to use a writ of execution.
Appeal to the FSSP
A writ of execution is a document that obliges the citizen who is indicated in it, to pay a certain amount (fixed) and to perform (not carry out) the action. This document can be received within three working days upon the application of the collector in the court registry, but only when the court decision comes into force. In addition, you can apply for a document sent by the court to the bailiff service.
Further, the creditor submits the writ of execution to the Federal Bailiff Service, if he independently decided to do it. When the debtor is an individual, execution is carried out at his place of residence, that is, the bailiffs will go to his address.
In addition, the attention of the bailiffs is drawn not only to cash, bank accounts and other forms of monetary expression, but also to property, the value of which can provide debt collection by receipt.
Enforcement may be levied only if the debtor is its sole owner. But when the apartment he owns is the only place where he can live, the bailiffs will not arrest her. This must be remembered, trying to recover your money as soon as possible and in full.
Recovery
Debt collection by bailiffs in the framework of enforcement proceedings is three years. If the document is not executed during this period, the production is terminated.
It must be remembered that the writ of execution also has terms. In the event that the writ of execution is returned due to the fact that the bailiffs could not recover the amount indicated in the document or could not find it, the collector has the right to present it again for three years to recover the debt by receipt.
The period during which the writ of execution was in production is not counted in these terms, and the return countdown starts again.
If suddenly the creditor accidentally missed the deadline for submission of the writ of execution, it is possible to write a statement to the court asking to restore the missed deadline.
Conclusion
The conclusion can be drawn as follows: when transferring the amount of more than 10 thousand rubles, it is necessary to prepare a receipt.She will be the guarantor that the debt can be recovered through the court.
Do not be afraid that the proposal to write a receipt may offend a person. There are many situations in life when a person is too confident in his financial and moral stability.
In no case should you be charged in difficult cases on your own, with the help of threats or beating. In this case, the debtor will be right, and the creditor will be prosecuted for extortion or beatings.
There is a receipt for legal recovery, a sample of which, by and large, is not necessary - you can write an arbitrary text, but in such a way that identification data and, preferably, the essential conditions of the loan are indicated.
