You owe money, but you cannot return it, since the debtor says that "he is as naked as a falcon." How to return what is owed to you if the malicious defaulter does not have property for all official documents?
It is necessary
- - passport of a citizen of the Russian Federation;
- - statement of claim to the court (3 copies);
- - a copy of the receipt for the issuance of loan funds (3 copies);
- - document confirming payment of the state duty 100 rubles.
Instructions
Step 1
Debt collection should always be carried out within the legal framework. Let the debtor assure you that he lost everything "acquired by back-breaking labor." Do not listen, but file a lawsuit as soon as possible. To do this, you will need to write a statement of claim for the forced return of debt, pay a state fee for the consideration of the case and attach an unpaid contract or an IOU to the claim as evidence. All documents are submitted to the court in three copies: one for each of the parties, and one copy for the judge.
Step 2
After the judge makes a decision on the forced payment of the debt, wait 10 days prescribed by law (after this time, the decision will take effect if the opposite party does not decide to challenge the decision by filing a complaint with a higher authority) and bring it to the bailiffs. Do not hesitate: they will thoroughly check whether your debtor owns any property. Perhaps he really does not own an apartment, a car, or a washing machine. However, in order to pay off the debt, the bailiffs can collect on his bills of exchange, securities, receipts. In addition, they also have the right to sell the debtor's shares in the authorized capital of the organization, where he is the founder. Finally, if the debtor works, then the bailiffs will monthly withhold 50% from his salary to pay off the debt to you.
Step 3
It also happens that the bailiff, instead of the debt, returns to you the act on the impossibility of collecting money from your debtor. Many careless borrowers, having learned about the serious intention of creditors to return their money, manage to get rid of their property even at the stage of the court, selling it or rewriting it to relatives or friends. Do not despair. You have the right to reopen enforcement proceedings within three years after the court decision. Demand from the bailiffs to recover the debtor's property owned by third parties in payment of the debt, or to invalidate the transactions that were made by the debtor during the period while you were in litigation with him. Maybe you are lucky and the debtor will get a job, which means that half of his income will flow into your pocket.
