It is possible to collect a debt issued without a receipt in legal ways, only by contacting law enforcement agencies or the court. All other debt collection activities are illegal and punishable by law. Do not undertake any threats, appeals to a collection agency or to private detectives if you do not want to be in the dock.
It is necessary
- -application to law enforcement agencies
- - certificate of refusal to initiate a case on the fact of fraud
- -application to the court
- -proof of
- -passport
Instructions
Step 1
Unable to agree peacefully on the return of the debt, apply to the law enforcement agencies with a statement. In the application, describe in detail all the circumstances that have arisen, your attempts to repay the debt, indicate the amount of the debt and on what conditions you gave the loan, the date of repayment and why the debt was given without a receipt. Provide evidence that the money was transferred to the borrower. On this application, law enforcement agencies must work with the borrower. If he does not lend itself to the methods of processing by the law enforcement agencies, then they should start a fraud case. If you refuse to initiate a criminal case, take a certificate stating that you were refused.
Step 2
Talk with the borrower about repayment of the debt again by turning on the recorder and putting it in a secluded place so that the borrower does not know about the recording being made.
Step 3
Apply to the court, indicating the reason for the appeal, the amount of the debt and the date of its return.
Step 4
The provided record of the conversation with the borrower, about the repayment of the debt, will be sufficient for the evidence base of the fact of the loan.
Step 5
By a court decision, the debt from the borrower will be collected by the executive authorities forcibly.
Step 6
Remember that you need to apply for debt repayment no later than three years from the date of the loan. After this period of time, the borrower can apply with a counter statement to terminate the case due to the expired statute of limitations. If your borrower is not familiar with such a rule and does not write a counter statement, then the judicial authorities will not stop the case on their own initiative, only on the initiative of the borrower.
