Both legal entities and individuals can face a situation of non-repayment of debt. In order to resolve the situation, it is necessary to be guided by common sense and various norms of the law that protect bona fide creditors.
Before going to court, you need to assess the current situation. At the same time, analyze the evidence you have for going to court and the financial situation of the debtor. Arm yourself also with references to various legislative acts that will allow you to defend your right.
In some cases, it is beneficial not to inform the debtor of his intention to go to court. Perhaps he will help you collect missing documents or agree to settle the situation in another way. Talk to the debtor, find out the reasons for the non-return of money, suggest various solutions to the situation.
If the peaceful actions taken are not crowned with success, then it is necessary to draw up a claim letter, which indicates the amount of the debt, the timing and grounds for refunding the money. In doing so, refer to certain articles of the law, which indicate the possible consequences. It is recommended to send the letter by registered mail, keeping all receipts of dispatch, as they may be needed in case of going to court.
If you cannot collect the debt, you should go to court. For legal entities, the statement of claim is submitted to the arbitration court, and for individuals - to the court of general jurisprudence. Attach the entire package of documents to the claim, which confirms the fact of non-return. It must contain a loan agreement or a receipt written in the prescribed form. If the debtor's actions fall under Articles 159 and 165 of the Criminal Code of the Russian Federation, then in parallel, an application is submitted to law enforcement agencies.
At the end of the trial, the debt can be returned by means of a writ of execution. This procedure is carried out on the basis of enforcement proceedings, which is regulated by the Federal Law "On Enforcement Proceedings".
