It is a known fact that people are reluctant to pay off their debts. Someone cannot find the necessary amount, someone hopes to postpone the unpleasant business of parting with their hard-earned money for as long as possible, and some from the very beginning do not plan to return what they took. Therefore, the friendliest relationship with the borrower from you should not interfere with its legally correct execution - in the form of collecting a receipt or drawing up a loan agreement.
Instructions
Step 1
If you do not have a receipt, there is practically no way to get your money back by legal means. Even witnesses are unlikely to help. According to the Civil Code of the Russian Federation, without a receipt, you have no right to even refer to them. You may be able to find some written evidence that you lent money - for example, the debtor himself mentioned this in his letters. This gives some chance for a successful trial in court.
Step 2
Having a receipt fundamentally changes the state of affairs in your favor. If the receipt is written correctly, then the probability of a refund is close to one hundred percent. The receipt must contain your and the debtor's data - surnames, first names, patronymics, passport data (numbers, place of issue and registration), the amount of the debt, the time the receipt was drawn up and the time the debt was repaid. It is desirable to have additional conditions - interest, penalties, etc. Certification of the receipt by a notary is not required, however, if it is available, this is an additional plus.
Step 3
It will be better if you adhere to a certain order when repaying the debt. After you verbally demanded a refund, and the debtor ignored this request, send a certified letter to his address with a demand to return the debt. Such a document is called a written claim. Its presence will facilitate the further procedure of debt repayment through the court. Leave yourself a copy of the message and a receipt for sending it.
Step 4
If the written claim remains unanswered, file an application with the judge for the publication of the so-called court order. The application must be accompanied by a receipt and a copy of the written claim with a receipt for its dispatch. Based on your application, the judge will send a court order to the debtor without a court hearing. If, after ten days, the debtor does not respond to it, the bailiffs will proceed with the forced return of the debt, since the court order has the function of a writ of execution.
Step 5
Having received a court order, the debtor can, within ten days, write a response statement with a request to cancel the order. In this case, the judge is obliged to cancel the court order, and you will have no choice but to write a statement of claim to the court to start a lawsuit against the debtor. The form of writing the application, the documents attached to it, the amount and procedure for paying the state duty must be found out from the court clerk or lawyers. If the case is won by you, all legal costs will be borne by the debtor.
Step 6
Perhaps the hassle of debt repayment will seem too burdensome and complicated to you. In this case, you can entrust the return of the money to a law firm engaged in debt collection and legal support in the courts. This will save time, but it will require paying for the services of lawyers. The latter does not mean that you will lose some of your money. It is possible that your lawyers will be able to recover from the debtor an amount much larger than that which you lent (taking into account forfeit, interest, etc.).
