The loan agreement is governed by Article 807 of the Civil Code of the Russian Federation. Any capable citizen is responsible for the fulfillment of the obligations assumed (Articles 17 and 18 of the Civil Code of the Russian Federation). The contract can be drawn up in simple written or notarial form. The document will be legally binding in any case. If the debt cannot be repaid, then it is possible to act only in accordance with the legislation of the Russian Federation.
It is necessary
- - application to the court;
- - passport and copy;
- - contract or IOU and a copy;
- - a package of reliable evidence (if there is no IOU or agreement).
If you have a contract or IOU, and the debtor does not return the debt, go to the arbitration court. Submit your application, attach a copy and original of your civil passport, a copy and original of the IOU. The statute of limitations for the return of any debt is three years, so do not delay going to court.
On the basis of a court order, you will receive your debt. The debtor will pay it forcibly. In addition, he will have to pay a penalty in the amount of 0.1% of the debt at the refinancing rate of the Central Bank of the Russian Federation at the time of the consideration of the case and moral damage if you indicated its payment in the application when you went to court.
If you do not have a contract or an IOU, and you lent, trusting in your word, then you can return the entire amount if you submit reliable evidence to the court that the money or other valuables were transferred to the debtor.
As evidence, you can use the testimony of witnesses, audio-video recording of a conversation with the debtor about the amount of the debt, its return, or about the transfer of funds or other valuables. If the court considers the evidence to be convincing, then they will be equated to a contract or an IOU and the entire debt will be recovered by force.
There are no more legal ways to recover debts. You have no right to "knock out" anything, threaten, use other illegal methods, transfer your rights to repay debt to third parties represented by collection agencies or other organizations.
If you use illegal methods to recover a debt, then sooner or later you may find yourself in the dock. In addition, rarely anyone succeeded in repaying debts by illegal means. By using legal methods to recover debts, you have a much higher chance of receiving the entire amount issued in full, even if the debtor has no income, since, according to the writ of execution, bailiffs have the right to make an inventory of the existing property and sell it at an auction or seize bank accounts.