If the monetary obligation is not fulfilled within the period specified in the agreement, a debt arises. Debt consists of the principal amount, the amount of the forfeit (fines, penalties).
To collect debt, proceed as follows.
Instructions
Step 1
Submit your claim by registered mail with a notice requiring you to voluntarily pay the debt and set a deadline for repayment.
Step 2
If the debtor intends to pay, but refers to the lack of funds or other circumstances, require written confirmation from him. Let him send you a schedule of debt repayment or indicate the deadline in which he undertakes to pay the debt. Having secured such a letter, the procedure for proving in court will be simplified. Such actions are evidence of debt recognition.
Step 3
If the debtor does not give an answer to the claim, does not pay the money, is hiding, go to court. For this:
- Determine the jurisdiction and jurisdiction of this dispute. The dispute is pending
by an arbitration court if the parties are legal entities or entrepreneurs. If a
one of the parties is an individual, the claim must be filed in a court of general jurisdiction.
The magistrate considers disputes on claims up to fifty thousand rubles.
- When applying to the arbitration court, you must provide extracts from the register of legal entities or entrepreneurs about the plaintiff and the defendant.
- Collect and attach evidence of debt, that is, primary accounting documents, contracts, acts of transfer.
- Pay the state duty, the amount of which is determined by the Tax Code of the Russian Federation, depending on the price of the claim.
Step 4
After the decision of the court, its entry into legal force, receive a writ of execution. It can be presented directly to the bank where the debtor has an account. In this case, the bank is obliged to transfer the funds to the claimant. The writ of execution is the basis for enforced collection by the service
bailiffs.
