If the debtor does not voluntarily pay the amount owed, the only legal way to get his money back is to go to court. With today's access to information, including legal information, this can be done independently. The procedure for going to court, filing a statement of claim, calculating and paying the state duty is posted on information stands and on courts' websites.
Instructions
Step 1
Determine which court has jurisdiction over the dispute. The Arbitration Court hears cases between entrepreneurs and legal entities. The district court or the magistrate's court - will make a decision in a case, one of the parties to which will be an individual. The magistrate is considering claims with a price of up to 50 thousand rubles.
Step 2
Collect evidence of debt, make a calculation of the amount. Agreement, reconciliation acts, primary documents on the supply of goods, performance of work, correspondence of the parties. Partial payment, the direction of the debt repayment schedule, the letter of guarantee will testify to the recognition of the debt.
Step 3
By registered mail with notification, send the claim to the debtor, in which you set a deadline for repayment. It is obligatory to send a claim in the event that it is provided for by the contract. Attach a copy of your claim and proof of submission to your statement of claim.
Step 4
Write a statement of claim, where you describe the essence of the dispute, the grounds for the debt, the debtor's evasion from payment, the violation of obligations.
Step 5
Pay the state fee, send a claim to court.
Step 6
After the decision is made, the entry into force, you will receive a writ of execution. Enforced collection is carried out by the bailiff service.
