Sometimes the situation develops in such a way that you simply cannot refuse a person who asks for a loan. Of course, helping relatives, friends and good acquaintances is a noble business, but do not forget to play it safe. Take a receipt from the borrower or draw up a loan agreement - there is nothing shameful in this, but in case of unforeseen circumstances, such a receipt will help you return the money through the court.
It is necessary
- - loan agreement or receipt;
- - assistance of a lawyer;
- - application to the court;
- - receipt of payment of state duty.
Instructions
Step 1
When transferring funds, be sure to take a receipt from the borrower. It is desirable that the IOU be written personally by the borrower - in case of his refusal or unwillingness to recognize the receipt as valid, any handwriting expert will establish the authorship of this document. Also, the receipt must contain the name of the borrower and yours, passport details of the borrower and yours, addresses and contact numbers, the amount that is borrowed in number and in words, and the term for repayment of the loan.
Step 2
If the borrower offers any collateral and this option is fine for you, enter information about him in the IOU. The borrower must personally sign the receipt and decipher his signature.
Step 3
In the event that the repayment period has passed, and the borrower does not return the debt to you, remind him of this. If he did not respond, go to court. If the amount of the debt does not exceed 50,000 rubles, you can go to the magistrate's court. If the amount is greater, contact the district court where the borrower lives.
Step 4
To go to court, you need to write a statement of claim in two copies. In it, describe in detail all the circumstances of the case, when, how, how much and who borrowed from you. Any additional evidence of the loan must also be reflected in the application. Your application should be comprehensive and detailed.
Step 5
In order for the application to be accepted by the court for office work, pay the state fee at any savings bank. This is a regular federal fee and will not affect the court's decision in your favor.
Step 6
Submit the following package of documents to the district court at the location of the borrower: statement of claim in duplicate, receipt of payment of state duty, IOU and its copy.
Step 7
The court will review your application and make a decision. If it is rendered in your favor, and after its entry into force, you can contact the Bailiffs Service for help in its implementation.
