Debt recovery through the courts is usually a last resort. Before going to the courts, every effort should be made to resolve the problem of non-repayment of debt through negotiations. A person who is a debtor has the right to ask for a deferred payment, to provide collateral or other things of value as payment of a debt. If you are not satisfied with the refund, and during the negotiations there are irreconcilable differences, go to court.
It is necessary
IOU, loan agreement, eyewitness accounts
Instructions
Step 1
Take care to collect the necessary evidence to show that the debt to you really exists. IOUs, a loan agreement, a loan agreement, eyewitness accounts of the conclusion of an oral loan agreement can be presented to the court as evidence.
Step 2
If the loan amount does not exceed ten times the minimum wage, you can conclude not only a written, but also an oral loan agreement, if the parties to the agreement are individuals.
Step 3
Before borrowing funds, anticipate the occurrence of complications with the return in advance and ask the borrower to issue an IOU.
Step 4
Pay attention to the peculiarities of drawing up an IOU. In order for the receipt to be accepted by the court for consideration, it must be written by the borrower in his own hand. It must indicate the date and place of compilation, surname, name and patronymic of the borrower, passport data, registration address. The amount of debt, the date of repayment of the amount, the name of the lender and the borrower's handwritten signature must also be affixed. The possibility of notarization of the receipt is not excluded.
Step 5
With a significant amount of the loan, or in the case when the borrower is a legal entity, conclude a loan agreement.
Step 6
When you go to court, write a statement of claim. It should indicate the subject of the appeal, the controversial issue and evidence. Attach a receipt for payment of the state fee to your application.
Step 7
After considering the claim, the judge will make a decision on admitting the case for consideration or return the documents with an indication of the reason (usually the reason is errors that should be corrected before re-applying to the court).
Step 8
Wait until the end of the consideration of your case. Usually, it does not take much time to consider such issues. A significantly longer period of time will be required for the execution of a positive court decision. The duty to collect the debt is assigned to the bailiff service. If, within the allotted time, the debtor does not pay off the debt voluntarily, the bailiffs have the right to seize the debtor's property for its subsequent sale. The proceeds are sent to you (the creditor) to pay off the debt.
