There are situations in which friends or acquaintances want to borrow money from you. In order for the refund to be made, you must at least issue a receipt. Thanks to her, if the conditions of the borrower are not met, the money can be sued.
Instructions
Step 1
Sometimes it turns out that having given money in debt, you cannot get it back from the debtor in any way. And no amount of persuasion or reminder helps. The person either refers to the circumstances, then asks to extend the time for giving. If a receipt is issued for the amount of funds that were lent, then it is quite possible to return it. You don't have to start with a trial.
Step 2
First, file a debt repayment claim. It should indicate all the negative aspects of further non-refund of payment: interest accrual for each day of delay. The longer the term, the more interest the borrower will pay for this period. Moreover, according to article 365 of the Civil Code of the Russian Federation, interest is charged for the use of other people's funds based on the refinancing rate for the debt repayment rate. Having written down, in this way, the total amount of the debt, you are most likely to achieve payment on receipt.
Step 3
Also indicate to your debtor that he will have to pay the costs of paying the state fee and for providing the services of a lawyer representing the interests of the creditor.
Step 4
If all of the above preventive measures did not help in returning your debt, then you should go to court. To do this, you need to file a statement of claim, pay the state fee for the claim and for the application for the issuance of a court order, and provide the receipt itself. The court order is issued without meetings, proceedings, invitation of witnesses.
Step 5
If the debtor has not filed an application for cancellation of the court order (equivalent to a writ of execution) within 10 days, then bailiffs will work with him. First, the bailiffs will demand payment of the debt, warn the borrower. Further, the bailiffs will be forced to describe and seize the property, look for funds in bank accounts. After such measures of influence, your debt will definitely be returned.
