Arrears are under the jurisdiction of civil courts. Draw up a statement of claim for debt collection in accordance with the rules enshrined in the Civil Procedure Code of the Russian Federation.
Instructions
Step 1
Include the name of the court you are filing with at the top of your debt collection statement. Jurisdiction is determined by Chapter 3 of the Code of Civil Procedure of the Russian Federation. As a rule, a claim is filed at the place of registration of the plaintiff or defendant. Enter your last name, first name, patronymic and address. The address is for correspondence. If you are registered at one address and live at a different address, enter the address where you can receive letters from the court. It is not necessary to write the phone number, but it is better to indicate it - this way it will be easier for court employees to find you.
Step 2
Next, indicate the name of the defendant - the name of the company or the surname, name and patronymic of an individual. Write down his place of residence or location. Indicate the cost of the claim. The cost of the claim includes the amount owed, interest and penalties, if any, and other monetary amounts that you want to collect from the debtor. The cost of the claim must be justified, confirmed by the relevant documents.
Step 3
In the main part of the document, describe when and by whom the amount of money was received from you. Explain the conditions under which it was transferred (terms, interest) and indicate how the defendant violated your rights (did not return the money on time, did not return the amount of money in full, and so on). If necessary, support your words with appropriate references to current legislation. Indicate what documents you can support your words, and how you can justify the declared amount to be collected from the debtor.
Step 4
If you have entered into an agreement with the debtor that establishes a pre-trial procedure for resolving disputes, or it is established by federal law, inform that this procedure has been followed, indicate with what documents you can confirm your words. State clearly and clearly in the requesting part of the statement of claim what you want from the debtor. Indicate which clauses give you the right to file a debt collection claim. List all documents that you refer to and that are attached to the statement of claim (and be sure to attach them).
Step 5
Pay the state fee for filing a claim for debt collection. On the issue of the size of the state fee and the method of its payment, consult with the court officials. Attach the receipt of payment to the statement of claim. Submit the claim to the court office or the judge on duty in the required number of copies. The number is determined by the number of participants in the case. So, if there are only two parties in the case (the plaintiff and the defendant), you need three copies - one for the court, the second for the defendant, the third copy will remain with you. Make sure court officials put an acceptance mark on it.
