Often, organizations within the framework of their activities have to deal with complete or partial refusal of debtors to fulfill their financial obligations. In this case, it becomes necessary to enforce the collection of funds, up to going to court.
Instructions
Step 1
The main debt is the amount in respect of which the contract was drawn up (lending, purchase / sale, provision of services, etc.), excluding calculable interest and penalties, but minus the amounts previously paid in repayment.
Step 2
The amount of the principal debt in case of foreclosure is the base price of the claim and is indicated separately from other charges. This need is due to the fact that the court's decision may differ in relation to the size of the principal debt and the rest of the amount. So, for example, a claim for debt collection can be satisfied, while the defendant can be exempted from paying a number of penalties.
Step 3
The collection is carried out in stages. There are pre-trial and trial stages. In the course of pre-trial measures, try to reach an agreement with the debtor on possible options for compensation (restructuring of the principal debt, share repayment, etc.). Achieving a compromise will allow you to quickly recover your funds without additional costs.
Step 4
If it is impossible to resolve the dispute out of court, prepare a complaint to the debtor. It is with the direction of this kind of document that the judicial stage of recovery begins.
Step 5
Make a claim in as much detail as possible, indicating not only the documentary and legal grounds for the debt, but also the exact calculation of the amount. In addition, write down the period provided by the creditor to the defendant for voluntary repayment, after which you have the right to file a claim with the court. The document must be sent to the opposite party to the legal address. Keep the receipts, in court you will have to show proof of the fact of sending the claim.
Step 6
The final stage of the procedure will be a lawsuit and a court hearing, in case of a positive outcome of which the court will decide on the forced collection of the debt and regulate the procedure and timing of payments. It is important to remember that the process will require significant time costs, legal support and additional financial costs for conducting the process.
