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Debt collection on receipt. Statement of claim for debt collection by receipt

According to domestic law, it is allowed to transfer funds from one individual to another by receipt. This provision is provided in the Civil Code, Art. 808. However, situations often arise when the borrower is in no hurry to return the borrowed funds. Let’s further consider how debt collection by receipt. collection of debts on receipt

General information

First, consider what obligations a receipt may contain. In debt, money can be transferred to relatives, friends, colleagues. If the loan size is more than ten times the minimum wage, then the obligations must be recorded in writing. This provision applies to individuals. It should also be noted that domestic law has expanded the subject of the loan agreement. So, it includes not only money, but also things. In addition, it is allowed to make in promissory note amounts converted into arbitrary units equal to loans in foreign currency. Debt to be repaid is calculated in the latter case in accordance with the Central Bank rate at the date of repayment of the obligation.

Samples of Debt Receipts

Regardless of what the subject of the contract is, the paper must include:

  1. Name of creditor and debtor (in full).
  2. Passport data.
  3. Addresses of the parties.
  4. The number when a deal is made.
  5. The place where the receipt is made.
  6. Maturity of the obligation.
  7. Amount of payment for the loan (additional collection of interest is allowed if the debt is not paid back on time). samples of debt receipts

If things are transferred, then their quantity is indicated on paper, the distinguishing features are described, the cost is given (in words and numbers). The cash receipt must contain the loan amount. It is also indicated in words and numbers. All samples of debt receipts contain graphs for signatures of the parties to the transaction. Both participants must certify the paper. Many citizens are interested in whether a notary certifies receipts. There is no direct requirement in the law that paper be certified. However, this is not prohibited. At the discretion of the parties, the paper may be certified.

IOU: legal force

If the debtor fails to fulfill obligations, he can send a claim in writing. The appeal should indicate that if the loan is not repaid within the period specified by the agreement, interest will be accrued on the amount in proportion to the refinancing rate. The order in which this is carried out is established in the Civil Code, Art. 395. The total debt will thus become larger with an increase in arrears. It should also be noted here that if the repayment period is not set in the paper, the loan must be repaid within thirty days from the date the corresponding claim was submitted by the lender. debt collection lawsuit

Important point

The claim should be warned that if the obligations are not fulfilled, the creditor will be forced to write a lawsuit. Debt collection in court is prescribed by law. In this case, if the creditor wins the case, then the second party will be obliged to reimburse the costs incurred (duty and other legal costs, payment for the assistance of a lawyer). In addition, the injured party has the right to demand indexation of the debt. As practice shows, the competent preparation of the claim, the inclusion of information on the alleged consequences in it is a very effective way to collect debts on receipt.

Alternative option

The right to collect debts on receipt can be assigned.This alternative option can be used if the creditor for some reason does not want to communicate with the other party, send him any claims and go to court. Today, there are companies willing to buy such debts. By transferring the right to collect debts by receipt, an appropriate contract is concluded. In this case, the creditor immediately receives a certain part of the funds. Its value will depend on the conditions under which the company provides its services. In this case, the creditor will no longer have to communicate with the debtor.  cash receipt

Court order

The lender may not contact the collection agencies. He has the right to apply for a court order. If the appeal is satisfied, a writ of execution will also be issued. In accordance with it, bailiffs will recover funds from the debtor. In this case, coercive measures established by law will be used. To accept an order, a statement and, in fact, a receipt are enough. In this case, there will not be a trial in court, respectively, a party that has not fulfilled the terms of the contract will not be summoned to the meeting. In addition, the state duty in this case will be half as much for the appeal. Along with this, the law provides for the right of the debtor to express his disagreement with the order. You can appeal the act within ten days from the date of receipt. If the objections are accepted by the court, the order will be canceled. In this case, it remains only to file a lawsuit. However, at this stage, you can try to solve the problem peacefully. The creditor can explain to the debtor that the case will go to court in any case. But at the same time, the amount of payment can increase several times. does the notary certify receipts

Trial

After a lawsuit is filed, the dispute will be considered in accordance with the rules established by the Civil Procedure Code. In this case, the parties to the conflict will be summoned to the meeting. It is not always possible to quickly resolve a dispute. In some cases, the debtor deliberately delays the process without appearing at the hearing. In addition, the lender should prepare for the fact that the paper drawn up on obligations will be disputed. In this case, the court will take into account the presence of certain evidence, and if necessary, appoint an examination (for example, if the debtor says that the document does not have his signature). If the decision is made in favor of the creditor, the other party will bear, among other things, everything court expenses. legal note

Execution of the decision

The decision must be implemented from the moment it enters into force. The order of implementation of court orders is established by Federal Law No. 229. The creditor will receive a writ of execution, which should be transferred to the bailiff. The last will be initiated enforcement proceedings. Further, the bailiff will forward the decision to the debtor. The act will indicate the period during which you can voluntarily repay the obligation. It is 5 days. If the debtor ignores this, then enforcement measures will be applied to him. It could be, for example, seizure of property restrictions on any actions (receive payments under contracts, use a bank account, and so on). loan receipt

Finally

Thus, taking into account the above, it can be noted that the debt on the receipt can be repaid in most cases. If problems arise, the lender should consider all possible options and choose the most suitable one, taking into account the specific situation. Specialists do not recommend rushing to court immediately. One should still try to resolve the issue peacefully. It is worth noting that oral claims do not make any sense and can in no way become evidence in court. Therefore, first of all, a written notice should be sent. When making a claim, it is necessary to remain calm, to avoid various obscene words. When filing a claim, you should familiarize yourself with the procedure for its preparation. The details of the parties must be indicated in the paper, the name of the court to which the application is addressed is required.The facts of the case are presented in order. In the requirements it is advisable to refer to the norms of the law. Mandatory to the application must be attached a receipt, receipt, evidencing the payment of state duty. With proper execution of all documents, the chances of winning the case are quite large. If necessary, you can seek help from a lawyer. When paying for his services, you should also receive a receipt from the lawyer. In court it will be possible to present a claim for reimbursement of all expenses.


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Family lawyer
Good from illustrated material.
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