By lending money and receiving written confirmation of the transfer of the agreed amount, as well as the obligation to return it in full and on time, the lender hopes in such a way that the guarantees received are sufficient to be sure that the terms of the transaction are fully complied with. However, judicial practice refutes such hopes with disappointing statistics. And what if you find yourself in a similar situation and your borrower refuses to settle?
Instructions
Step 1
To begin with, do not give up the hope of resolving the case amicably, without bringing it to court. Try to discuss the current situation with the debtor, listen to his arguments and explain your position to him. The best way to do this is to meet him in person. By simple phone calls, you will only give him the opportunity to avoid, as much as possible, meeting with you and delay the moment of calculation. Make an appointment with him and remind him that it is in his best interest to meet with you as soon as possible, as you intend to hand over the IOU as evidence in court proceedings.
Step 2
Proceed to the next steps if it was not possible to resolve the issue during the negotiation process. To do this, send a reminder letter about the expired deadline set in the letters, a receipt of dispatch and a notification of delivery. This prudence of yours will be very important in the event of a real appeal to the court, since you will be able to show the court evidence of your attempts to resolve the dispute out of court.
Step 3
Make a statement to the magistrate's court if you have not managed to get the debt repaid. Describe the circumstances of the case and ask the judge to consider your claims against the defendant. Attach any documents you have (IOU, letter of notice, etc.) or their copies to the application. Pay the state fee and attach a receipt to the set of documents. Submit the application and the set of documents to the office of the court department. Now you will need to wait for the invitation to the court hearing and await the court decision.
