In the legal sphere, it is customary to call debt the result of default on obligations undertaken by a person. The fact of the occurrence of such a phenomenon is a consequence of a violation of Art. 309 Civil Code. In accordance with its content, the obligations that a person assumes must be properly performed. Next, we will consider how debt collection can be done.
General information
The definition of “proper image” is understood to mean the fulfillment of any obligation to the extent and within the time frames established in the agreement or decision of the authorized authority. In most cases, debt collection involves a refund. Various circumstances may serve as the basis for the occurrence of such a situation. This may be the collection of debt under a loan agreement concluded by two citizens, evasion of payment for the goods received, failure to comply with a court order, and so on. There are several ways to solve such situations.
Collection Agency Services
Refunds can be performed for a citizen by a debt collection service. Today, there are many such collection agencies. They carry out their activities according to three schemes. All of these schemes constitute an out-of-court way of repaying debt.
Buyback obligation
This is the first and least common option. The debt collection service first assesses the likelihood of real recovery. Proportional to it is the amount for which the obligations will be redeemed. It should be noted here that this process is accompanied with a rather large amount of analytical work. For example, a citizen owes a million rubles. The probability of a return of this amount is 30%. As a result, for 300 thousand people are invited to redeem this debt. With a positive decision, an agreement is concluded. In accordance with it, a transfer of obligations and a change in the lender are carried out.
Rebate requirements
This process is governed by the provisions of Chapter 24 of the Civil Code. In case of transfer of obligations by assignment of claims no need to obtain the consent of the debtor. However, in accordance with the procedure prescribed by law, it should be notified. This position is established in Art. 389 Civil Code. The form of the agreement regarding the assignment of rights of claim should be the same as the document itself, on the basis of which this obligation arose. For example, if he was notarized, then the agreement must also be certified.
Not entirely legal way
It should be noted right away that according to the scheme that will be described later, debt collection from a million dollars is carried out. This is due to the fact that this option involves a fairly large amount of work that will need to be paid separately. According to this scheme, fairly large agencies operate. When concluding an agreement with the company, the citizen pays an amount of 3-10% of the debt itself. Then the employees of the collection agency begin collecting information about the debtor, as well as his relatives, transport, real estate, activities, assets. In some cases, daytime surveillance may be established. During these events, all information about a person is collected, up to his daily regimen.
So, for example, there is evidence that the debtor walks the dog every morning at 7 o’clock.After that, he gets into the car, which is always parked in the same place, and leaves for business. At 6.50 people appear at the door of the debtor. Leaving home, he encounters them. They politely remind him of debt. After a walk with the dog, he leaves the house again and, heading towards the car, sees the same people. At the same time, they examine his vehicle quite closely. When he comes up, he naturally wonders what they need. In response to this, people ask if he plans to sell a car in order to pay off his debt. This situation begins to recur daily. Also, the debtor begins to call regularly, recalling the debt. If he stops taking the phone, they call his relatives, his wife. All this continues until the debt is repaid. At first glance, everything looks quite tough and serious. However, it is worth noting that this scheme does not always work.
Moral pressure
This is the third out of court way. Employees of the collection agency declare that they can seek help from law enforcement agencies for official inspections, searches, and so on. But if the debtor fulfills its obligations, there will be no problems. It should be said here that these actions are considered a criminal offense in legal terms. A citizen who acts as a creditor can very easily become an accomplice in this offense. There are other extrajudicial methods. But it should be said that they, as a rule, never give a one hundred percent guarantee of a refund. In any case, using legal methods is more likely to achieve fulfillment of obligations.
Pre-trial Order
The Arbitration Procedure Code acts as a legal basis for presenting a claim for the fulfillment of the obligations assumed. In accordance with it, when submitting a statement of claim for debt collection, it is necessary to attach evidence that before this an attempt was made to peacefully resolve the conflict. In fact, such events constitute a written claim to a non-performing citizen. Such a debt collection statement should contain correct proposals for the return of the declared amount within a certain time frame, as well as a warning that in case of failure to fulfill this requirement, the citizen will contact the appropriate authorities.
Drawing up a claim
When attempting to recover a debt in a “peaceful” way, one should clearly state one’s requirements. Experts recommend using a specific claim writing scheme. In particular, the content of the paper should indicate:
- The circumstances of the obligation. For example, they include receiving money in debt and non-payment, conclusion of an agreement and non-fulfillment of its conditions and so on.
- Evidence of the justification for the occurrence of the obligation. These include, for example, waybills, date and number of contract, receipt, etc.
- Consequences for the obligated person. In the event of non-repayment of the debt, the creditor may file a claim for collection of the debt with the authority of the relevant jurisdiction. However, he also has the right to rely on compensation for moral damage, reimbursement of expenses for the services of a law firm. It may also require the collection of interest for the use of borrowed funds. In addition to the claim, mention may be made of criminal liability that may result from evasion of obligations.
- The specific date (period) for the return of the amount. The claim can establish a new period, which should be sufficient to fulfill the requirements. Lenders often offer debtors to name this term themselves.
- Copies of documents. The claim should be accompanied by papers that would confirm the above points.In particular, this concerns the circumstances of the occurrence of debt and the fact of violation of obligations. If you ignore the claim, all these papers will come in handy in court.
You can hand this appeal personally in your hands. But experts recommend sending by mail with a notification (registered letter).
Court debt collection
If the claim was ignored, you will have to contact the appropriate authority. If the dispute relates to transactions between citizens, individuals and organizations, a statement of claim for debt collection is submitted to the body of general jurisdiction - regional or global. The latter considers cases in the amount of up to 50 thousand rubles. A lawsuit is filed with the district authority to recover a debt of more than fifty thousand. If a dispute has occurred between two organizations, then the appeal is sent to arbitration. To accept the application, it is necessary not only to compile it according to the established rules, but also to pay the state duty.
Order of order
There are two options for resolving a dispute. The most effective is the order clerical proceedings. In accordance with it, cases for the recovery of debts are considered if the transaction is based on a written or notarized contract. In other words, obligations must be documented. Consideration of a case in a writ of order allows the creditor to repay the debt as soon as possible.
To exercise this right, it is necessary to prepare an appropriate petition and pay a state duty. Its size must be clarified in the office of the authority. According to the Civil Procedure Code, consideration of the appeal is carried out in a ten-day period. The actual trial itself is carried out without calling the parties. The order procedure has its own specifics. In particular, bailiffs can immediately receive an order from an authorized body. Debt collection begins immediately after the entry into force of the document. Unlike him, the decision immediately to the executing employees cannot be attributed. This is due to the fact that according to lawsuit before the bailiffs began to use coercive measures, it is necessary to obtain a writ of execution.
Finally
As can be seen from the above, there are many ways to repay a debt. However, not all of them are effective or legitimate. When carrying out any activities, first of all, one should think about the consequences that may arise for the lender himself. As practice shows, pre-trial and judicial methods are most effective. In any case, you should try to resolve the issue "peacefully". Intimidation and pressure on the debtor rarely lead to the achievement of the goal. When making a claim, it is necessary to adhere to the chronology of events. So the official who will consider the case will be able to better understand the subject and circumstances of the dispute, and therefore, make a fair decision. When submitting an application must be present evidence of all circumstances. If the requirement specifies specific amounts, then it will not hurt to attach the appropriate calculation.