When lending money, you need to be prepared for the fact that the borrower will refuse to return it. In this case, each lender should know the basic rules that will help him to knock out the amount due. If you keep your composure and common sense, you can solve this problem quickly enough.
Instructions
Step 1
Always draw up a loan with a credit agreement or an IOU. In these documents, the amount of the transferred money, the interest on the loan, the repayment period, as well as the complete data of both parties must be specified. Indicate force majeure circumstances and stipulate penalties in case of violation of the terms of the agreement.
Step 2
Remain calm and common sense if the debtor refuses to repay the debt. Do not panic and get angry, these emotions will not help solve the problem, but will only aggravate the situation. Talk to the borrower and discuss the current situation.
Step 3
Remind him of the terms of the contract and point to the articles of the Civil Code of the Russian Federation, which oblige him to pay the debt. Agree on measures that will help you pay back the debt without harming the financial condition of the borrower.
Step 4
Write a complaint letter to the name of the borrower if he continues to ignore your debt claims. Indicate the amount owed, the timing of its repayment and note the consequences of non-repayment, which are specified in the legislation and the terms of the loan agreement. Send the letter by registered mail. Save your shipping receipt as evidence in case of legal action.
Step 5
Submit a claim to the court against the debtor, indicate the amount of the debt and attach all the necessary documents that confirm the fact of the formation of the debt. Get a writ of execution and a court order to recover the loan amount plus the calculated interest.
Step 6
Show the debtor a writ of execution, which obliges him to pay the debt. You can do this yourself or through bailiffs. The second option is preferable, since it does not require you to spend your own time and nerves on resolving disputes. If the debtor cannot be found at the place of residence, then contact the law enforcement agencies and write an application for his search.
