How To Recover From A Debtor By Receipt

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How To Recover From A Debtor By Receipt
How To Recover From A Debtor By Receipt

Video: How To Recover From A Debtor By Receipt

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A handwritten receipt is a type of loan agreement, according to which all property lent must be unconditionally and on time returned to the creditor (Article 807 of the Civil Code of the Russian Federation). If the debtor is not in a hurry or is not going to fulfill his debt obligations at all, then the method of debt repayment can only be applied that is provided for by the current legislation.

How to collect from a debtor on a receipt
How to collect from a debtor on a receipt

It is necessary

  • - application to the court;
  • - a copy of the promissory note;
  • - a photocopy of the passport.

Instructions

Step 1

To return a debt issued on a receipt, first negotiate with the debtor, that is, try to return the money or property peacefully. Often this is quite enough, since any person can have a difficult financial situation and even with a great desire to return everything that was borrowed to you, it is simply impossible.

Step 2

You can agree on an installment payment plan or postpone debt collection to a later period, give a grace period until the debtor's financial situation stabilizes.

Step 3

If you cannot wait or the debtor does not go to peace negotiations, apply to the arbitration court. In the application, describe in detail the amount of the debt, the terms of repayment, indicate that the negotiations did not lead to positive results. Attach a copy of the receipt, a photocopy of your passport. If you have witnesses, and if you draw up a receipt correctly, they must be present in order to put your passport data and signatures under the receipt, then in the application indicate the names of all witnesses, the home address and the address of their actual place of residence. Also, do not forget to indicate all information about the debtor and write your details.

Step 4

All witnesses to the case will be summoned to the hearing. If the court issues an order for the forced payment of the debt, then you will receive it in parts. To do this, you can contact the bailiff service with a court order. If the debtor has personal property, it will be described and sold to pay off the debt.

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