Sometimes it happens that a person or organization borrows a certain amount of money from an individual or legal entity and does not give it back within the specified time frame. If the problem is not resolved by peaceful negotiations between the lender and the debtor, the lender has every right to write an application to the court to collect the debt, in accordance with the rules established by the Civil Code of the Russian Federation.
It is necessary
- - paper;
- - a pen;
- - a receipt for payment of the state duty.
In the statement of claim, first of all, indicate the name of the court to which you are applying. Submit it at the place of registration of the respondent.
Indicate below your last name, first name and patronymic, your home address. If the address of your registration does not coincide with your actual place of residence, indicate the one where you would like to receive information papers from the court authorities. Be sure to indicate your contact phone number (mobile is best).
Then write the last name, first name and patronymic of the defendant, if it is an individual, or the name of the organization, if it is a legal entity. Provide the address of the residence or legal address of the defendant. Add the cost of the claim, which includes the amount owed, interest, penalties, and other monetary compensation payable by the debtor. Confirm the cost of the claim with appropriate documents.
In the main part of the statement of claim, write when and by whom the money was received from you, indicate their amount, on what conditions it was transferred (terms, interest). Indicate exactly how the respondent violated the terms of the contract (violated the terms of the debt repayment, did not return the money in full, etc.) Clearly and clearly state what exactly you want to achieve from the respondent.
Provide a list of documents that support your words and substantiate the amount of the claimed amount of money recovered from the defendant.
Pay the state filing fee. Its size can be checked with the judiciary. Attach the receipt of payment of the state duty to your application.
Give the filed claim to the court office or to the judge on duty. The number of copies of the application is determined by the number of persons participating in this case. The judicial officer who took the application from you must put an acceptance mark on the application form.