It is possible to forcibly collect a debt on a loan not only from the borrower himself, but also from his guarantors. Enforcement proceedings for collection can be carried out through the service of bailiffs, who begin enforcement proceedings on the basis of a writ of execution issued after a court decision.
Necessary
- - requirement to the borrower;
- - requirement for sureties;
- - application to the court;
- - loan agreement and photocopy;
- - documents on surety and photocopies;
- - pledge agreement and photocopy.
Instructions
Step 1
Before going to court, send the borrower a demand to return the arisen debt and pay a fine for late payment of monthly payments under the loan agreement. In the request, indicate the time frame during which the borrower is obliged to repay the entire amount of the debt in full.
Step 2
Send the same requirement to the guarantors, if the loan amount is large enough and the persons who vouched for the borrower were involved in the execution of the contract. The guarantors bear full civil responsibility for the timely repayment of the issued loan on an equal basis with the borrower, in whose name the agreement is drawn up.
Step 3
If neither the borrower nor his guarantors is in a hurry to pay the loan debt and the accrued fines, apply to the arbitration court with a statement of claim. Attach the entire package of documents confirming the issuance of the loan to the statement of claim: an agreement and a photocopy, documents confirming the surety, a photocopy of the demand sent to the borrower and guarantors for the return of the entire amount of debt on principal payments and fines.
Step 4
On the basis of the ruling issued by the court, get a writ of execution, according to which the bailiffs-executors will begin proceedings on the enforced debt collection. In addition to the debt that has arisen, you have the right to demand that the entire loan amount is repaid in full.
Step 5
Forced debt collection on a loan can be directed to income, bank accounts, property of the debtor. In addition, enforcement proceedings for debt collection allow for an administrative arrest involving forced labor, but this option is used in extreme cases, when there is simply nothing to collect from the borrower and guarantors.
Step 6
If, when issuing a loan, you signed a pledge agreement for valuable property, it can be realized in repayment of the debt, since the pledge is one of the types of guarantees that the entire amount of the loan issued will be returned.
