Tip 1: Money back on receipt
Tip 1: Money back on receipt
Despite the fact that manycitizens are quite vigilant and when transferring money in debt they ask to write a receipt in their receipt - this is not a guarantee of their return. What can I do if I have a receipt and do not return the money?
The answer is pretty simple - go to court! However, if you still hope for a pre-trial settlement procedure, you should prepare a demand for a return of funds in writing and send it to the defaulter. Quite often the demand remains unanswered, and in this case the judicial order can not be avoided. Remember that any receipt for the transfer of funds, even written on a small scrap of paper, in accordance with Article 807, 808 of the Civil Code of the Russian Federation confirms the fact of concluding a loan agreement. Consequently, all the rules governing the loan extend to the established legal relations (Chapter 42 of the Civil Code of the Russian Federation). Please note that in the event that the interest on the use of funds is not specified in the receipt and the borrowed funds are not returned on time, with Art. 811 of the Civil Code of the Russian Federation for the entire amount of arrears are subject to payment of interest, provided for by Cl. 395 Civil Code (how to calculate the amount of interest you can learn from another of my articles). If the period of return is not established in the receipt, then interest should be calculated from the date of transfer of funds. In the absence of a special education, I recommend that I seek help from a qualified lawyer. In addition to the principal amount of debt and interest, the debtor will be charged not only with the costs of paying for the representative's services, but also with the costs of paying the state fee.
Tip 2: How to collect money on receipt
Lending money and receiving written confirmation of the fact of transferof the agreed amount, as well as the obligation to return it in full and on time, the lender hopes in such a way that the obtained guarantees are sufficient to be sure of full compliance with the terms of the transaction. However, judicial practice refutes such hopes with disappointing statistics. And what to do if you are in a similar situation, and your borrower refuses to make a calculation?
Instructions
1
To begin with, do not leave hope to solve the matterpeacefully, without bringing it to court. Try to discuss the situation with the debtor, listen to his arguments and explain to him your position. For this it is best to meet with him personally. By simple phone calls you will only give him the opportunity to avoid, as much as possible, meeting with you and delaying the moment of calculation. Assign him a meeting time and remind that it is in his interest to meet with you as soon as possible, since you intend to transfer the debt receipt as evidence in the trial of the case.
2
Proceed to the next steps if the issue has not been resolved in the negotiation process. To do this, send a reminder letter about the expiration date set in the receipt for the return of the debt and your intention to transfercase to the court. The best way to do this is by sending a reminder with a registered letter with the receipt of the receipt. Keep a copy of the letter, a receipt and a notice of delivery. This is your foresight will be very important in case of a real appeal to the court, because you can show evidence of your attempts to resolve the dispute in the pre-trial order.
3
Write a statement to a magistrate's court, if it is notmanaged to get the debt back. Describe the circumstances of the case and ask the judge to consider your demands on the defendant. Attach to your application the documents you have (a promissory note, a letter of notification, etc.) or their copies. Pay the state fee and attach a receipt to the set of documents. Pass the application and the set of documents to the office of the judicial district. Now you will need to wait for the invitation to the court session and wait for the court's decision.
Tip 3: How to repay a debt on a receipt
Quite often there are cases when, due to inattention or naivety when drafting legal documents, people make fatal mistakes. For example, having incorrectly formalized debt receipt, return the money can only through the court. How to properly issue a receipt and return the debt in a timely manner?
Instructions
1
Correctly make the receipt. It should contain detailed information about who, where, when, what amount and for how long it takes money. Indicate in receipt and the passport data of the borrower, which can be useful for identifying a person.
2
In the debt receipt indicate the address of residence and address of the borrower.
3
In words, indicate the amount of the loan. Figures are much easier to counterfeit than correcting the amount in words, in addition, this rule is mandatory in the compilation of documents, which indicate the amount of money.
4
Specify in detail the terms and amounts of payments, if the refund will occur in stages.
5
Describe in the debt receipt interest for which you borrow money and penalties in the event of non-repayment of funds in due time. Next to the signature of the borrower, indicate the transcript of his surname, name and patronymic.
6
Sign the receipt not only you, but the borrower and witnesses of the event. This will exclude the borrower's claims about the authenticity of the document.
7
Transfer the money if there are witnesses. And the witnesses must be such that in the future when disputes arise, the court believes these people.
8
If in due time the money was notreturn, address in court with the claim on the borrower in which demand return of means. The basis for initiating a criminal case will serve as a receipt. You can file an action with the court within three years from the date of the established time for refund.
Tip 4: How to recover debts on receipts
When lending money and getting a writtenconfirmation of the fact of the transfer of the agreed amount (receipt), as well as the obligation to return it in full and on time, people expect that the guarantees received are sufficient and the terms of the transaction will be fully complied with. But there are situations when the debtor refuses to return money, and then the question arises of the subsequent actions of the lender.
Instructions
1
First, try to solve the problem peacefullyby not bringing the case to trial. Discuss with the debtor the situation, listen to his arguments and explain his position to him. To do this, you better meet him personally. Talking on the phone you just give him a chance to avoid communication with you and delay the moment of debt repayment. Talk with him about the day and time of the meeting and indicate that this is primarily in his interests, because otherwise you will be forced to write a statement of claim to the courts.
2
If the negotiations do not lead to anything, senddebtor a reminder in writing, indicating the expired term for repayment of the debt indicated in the receipt, with the demand for its immediate return. Please also indicate your intention to bring the case to court. Send a reminder with a letter of receipt. Keep a copy of the letter, a receipt and a notice of delivery. This will be proof of an attempt to get your money when you go to court - you tried to settle the dispute in a pre-trial order.
3
If you get a return of debt to you and notfailed, contact the world court with a statement of claim, in which in detail, but briefly describe the circumstances of the case. To the application attach all the necessary documents (originals and copies): receipt, reminder letter, receipt for payment of state duty and so on. Pack the documents to the office of the court. Now you will only have to wait for the summons to the court session and the court's decisions on your case.
4
In the process of negotiations with the debtor and in circulationremind letters be polite and laconic, do not show unnecessary emotions. Try to maintain the business style of communication, be decisive and in no case threaten. This will help you to achieve faster debt recovery. And insults and threats against the debtor are only capable of provoking him to counter accusations.
Tip 5: How to recover debts on receipt
A receipt is a document that is equivalent toloan agreement. A capable citizen who has undertaken debt obligations must timely repay the entire amount with the percent indicated in the receipt (Article No. 18, 19 of the Civil Code of the Russian Federation).
You will need
- - application to the court;
- - passport and photocopy;
- - a promissory note and a photocopy;
- - written notification of the debtor;
- - A receipt for the repayment of a debt.
Instructions
1
If you gave out borrowed funds,have issued a receipt indicating all the terms of the loan, the terms of repayment, but you have not been repaid in time, contact your borrower in writing with a request to pay off the debt in full. To do this, use the services of the post office of Russia, send a letter with a notification and a list of attachments in order to have documentary evidence that you notified the debtor and reminded him of the terms for fulfilling the debt obligations.
2
Most notifications are enough to returndebt, since the debtor could simply forget about the fulfillment of the obligations undertaken. If, after receiving the letter, you still do not plan to return the debt, apply with the statement of claim to the arbitration court.
3
Attach the original and photocopy to the applicationpassport, original and photocopy of the debt receipt. On the basis of a court order, you will be able to collect the entire sum forcibly at the place of work of the debtor, from bank accounts or by filing a claim for the available property. In addition, your debtor may be involved in forced labor until the full repayment of the entire debt.
4
To return the debt on receipt in a voluntarythe debtor must apply to the creditor, invite two witnesses, in whose presence they draw up a new written document on A4 size paper, that the debt is returned in full and on time. Under the document, place the signatures of the debtor, creditor and witnesses, specify the passport data.