How To Make A Claim To A Debtor

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How To Make A Claim To A Debtor
How To Make A Claim To A Debtor

Video: How To Make A Claim To A Debtor

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Video: How to File a Proof of Claim by Debtor or Trustee on Behalf of a Creditor 2023, January

Borrowing money is not very pleasant, and giving is not very safe. For various reasons, people whom you fully trusted and lent money with peace of mind suddenly turn out to be insolvent and cannot (or do not want) to return the money they took. In this case, the unscrupulous debtor should be sued.

How to file a claim with a debtor
How to file a claim with a debtor


IOU, application to the court, receipt of payment of the state fee and application. The services of a competent lawyer may be required


Step 1

In order for you to have the opportunity to present the debtor with a claim for the return of the loan, be sure to draw up an IOU or a loan agreement when transferring funds. Both of these documents are equally valid. The main thing is that the following information is spelled out in the receipt / agreement: passport details of the borrower, your passport details, the amount of the loan in rubles or the corresponding currency.

Step 2

It is good if the borrower has property that you agree to consider as collateral. If there is one, indicate it in the receipt / agreement. Do this for your own peace of mind and safety.

Step 3

If the deadline for the return of the borrowed funds has already come, and your debtor does not manifest himself in any way, contact him with a reminder of the return. If he does not respond to your appeals, do not waste time and go to court.

Step 4

So, in court, write a statement of claim in two copies. When writing an application, take your time, in great detail and in chronological order, describe the whole situation: who exactly, when and under what circumstances, how much money was borrowed from you. Indicate for how long the specified amount was taken, and that the return period has already passed. The statement must be very detailed and thorough.

Step 5

Pay the state fee at any savings bank. This is required in order for the court to accept your appeal. The payment of the state fee is not a guarantee that your case will be considered positively - this is not a payment for the work of the court, but a regular federal fee.

Step 6

Then collect a package of documents: an application, a receipt for payment of the fee, an IOU / agreement, a copy of it and take them to the district court where your borrower is registered.

In this way, you will start the refund process.

Step 7

The court will consider your appeal and make a definite decision. After the court decision comes into its legal force, you can implement it with the help of the Bailiff Service.

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