It often happens that a person or an organization that has borrowed a certain amount of money from an individual or legal entity does not give it back on time. If peace negotiations between the lender and the debtor do not lead to anything, the lender has the right to write a statement of claim to collect the debt in court, in accordance with the rules established by the Civil Procedure Code of the Russian Federation.
Start drafting a statement of claim for debt collection by indicating the name of the court to which you are directly applying. An application for debt collection is submitted, as a rule, at the place of registration of the defendant or plaintiff.
Below write your last name, first name and patronymic, as well as your address. If you are registered at one address, and live at a different address, indicate the one at which you would like to receive information letters from the court. Be sure to include your contact phone number. It will be much easier for court employees to contact you if necessary.
Next, indicate the last name, first name and patronymic of the defendant, if it is an individual, or the name of the organization, if the debtor is a legal entity. Write down the place of residence or location of the respondent. Indicate the cost of the claim, which includes the amount owed, fines and interest, as well as other monetary compensation that you wish to receive from the debtor. Confirm the price of the claim with the appropriate documents.
In the main part of the statement of claim for debt collection, indicate by whom and when a certain amount of money was received from you, on what conditions it was transferred (interest, terms). Write exactly how the defendant violated the terms of the contract (did not return the debt in full, violated the terms of the debt repayment, etc.). State exactly what you want from the defendant. Make a list of documents supporting your words and justifying the amount of the claimed amount of money that you want to recover from the defendant.
In addition to drawing up a statement of claim to collect a debt, you will have to pay a state fee for filing it. Check its size with the court staff. Attach a receipt for the payment of the state duty to your application.
Submit the drafted claim for debt collection to the court office or the judge on duty in the required number of copies, which is determined by the number of persons involved in the case. Make sure that the court official who accepted your application has put a check mark on it.