The creditor may require his debtor to pay interest for the use of funds, provided that the debtor unlawfully withholds the money, does not want to return it, and does not pay the loan on time.
It is necessary
- - evidence of an attempt to resolve the issue in a pre-trial order;
- - receipt of payment of state duty;
- - calculation of interest;
- - power of attorney if you represent the interests of the plaintiff;
- - evidence that you have the right to claim interest reimbursement from the defendant.
Instructions
Step 1
Offer your debtor to pay interest for the use of funds on a voluntary basis. In case of refusal, resolve the issue through the court. At the same time, it is advisable that you have in your hands proof that you have taken measures to pay interest out of court. For example, these may be copies of letters sent to the defendant with a request to pay the required amount.
Step 2
Write a statement of claim to the court. There is no specific form for this document, but there are some rules for drafting a claim that must be adhered to. At the beginning of the document, write the name of the court to which the claim will be sent, then - the name of the plaintiff along with the address of his residence. If the claim is sent from an organization, the name of its representative and the address of the location of the institution must be indicated. Below is the name of the defendant and his place of residence.
Step 3
Next, state the essence of the question. Indicate when and under what circumstances, as well as on what conditions the defendant took your money. Then write your demand to collect interest from the defendant on the amount of the borrowed funds. All your arguments, arguments, demands must be supported by legislation, evidence that is the basis for resolving the issue in court. Be sure to attach a prepared calculation of the debt and interest that must be paid to you.
Step 4
Together with the statement of claim, you must submit the following documents: a copy of the claim by the number of defendants and third parties; receipt of payment of state duty; interest calculation; power of attorney if you represent the interests of the plaintiff; evidence that you have the right to claim interest reimbursement from the defendant, this may be a receipt.
Step 5
Sign and date the claim. It is best to deliver the claim to the court and the defendant in person, so that the addressees can sign your copy, or send these documents by mail with notification.
