According to article 808 of the Civil Code of the Russian Federation, a loan agreement must be concluded in a notarial or simple written form. Failure to comply with this condition deprives of the right to refer to the testimony of witnesses, but at the same time does not preclude the ability to provide written and other evidence (Article 162 of the Civil Code of the Russian Federation). In accordance with this, any debt can be returned in accordance with the procedure established by law, regardless of the presence or absence of a contract.
It is necessary
- - application to law enforcement agencies;
- - application to the arbitration court;
- - documentary evidence of the issue of the debt.
Instructions
Step 1
If you lent money or other values, but did not draw up an agreement and did not require a receipt, it is often enough to negotiate and solve the problem peacefully to repay the debt, giving the debtor additional time to fulfill the debt obligations.
Step 2
In case of unsuccessful negotiations, contact the law enforcement agencies with a statement. In the application, indicate when, how much and for what period you lent money or other values. Also, indicate in detail the details, home address of the debtor and information about yourself for communication.
Step 3
Law enforcement agencies should investigate your complaint. If your borrower is hiding and does not even make attempts to repay the debt, this behavior can be considered a fact of fraud when Article 159 of the Criminal Code of the Russian Federation applies. A criminal case will be opened against the borrower, during which not only options for repaying the debt will be considered, but also bringing him to criminal liability.
Step 4
Another option to get your debt back is to file a claim with an arbitration court. According to this article of the Civil Code of the Russian Federation, the court cannot take into account the testimony of witnesses, but you have the right to provide any evidence of the issue of the debt that does not contradict the current legislation.
Step 5
Use documentary evidence of a major acquisition of the borrower after receiving the debt as evidence. You can also make an audio or video recording of the negotiations with the borrower, but for this you will have to obtain permission from the prosecutor's office or law enforcement agencies to conduct it.
Step 6
The court may consider the audio recording attached as evidence, made by you without permission, but first, the voice of the people recorded on it must be identified.
Step 7
On the basis of a court order, you will receive a writ of execution, according to which you can enforce debt collection through the bailiff service.
Step 8
All other methods of debt collection are considered illegal. For example, contacting collection agencies, involving third parties in debt collection, threats, etc.
