When borrowing money and receiving written confirmation of the transfer of the agreed amount (receipt), as well as the obligation to return it in full and on time, people expect that the guarantees received are sufficient and the terms of the transaction will be fully observed. But there are situations when the debtor refuses to return the money, and then the question arises about the subsequent actions of the lender.
Instructions
Step 1
To begin with, try to resolve the issue amicably, without bringing the matter to court proceedings. Discuss the situation with the debtor, listen to his arguments and explain your position to him. To do this, it is better to meet with him in person. By talking on the phone, you will only give him a chance to avoid communicating with you and delay the moment of paying off the debt. Discuss the day and time of the meeting with him and indicate that this is primarily in his interests, since otherwise you will be forced to write a statement of claim to the courts.
Step 2
If negotiations do not lead to anything, send the debtor a reminder in writing indicating the expired date of repayment of the debt indicated in the receipt, demanding its immediate return. Also indicate your intention to bring the case to court. Send the reminder by letter with acknowledgment of receipt. Keep a copy of the letter, shipping receipt, and return receipt for yourself. This will be evidence of an attempt to get your money when you go to court - you tried to resolve the dispute out of court.
Step 3
If you still failed to get the debt repaid, go to the magistrate's court with a statement of claim, in which in detail, but briefly describe the circumstances of the case. Attach all the necessary documents (originals and copies) to the application: a receipt, a reminder letter, a receipt for payment of the state fee, and so on. Transfer the package of documents to the office of the court department. Now you just have to wait for the subpoena and the court decision on your case.
Step 4
In the process of negotiations with the debtor and in the circulation of the reminder letter, be polite and laconic, do not show excessive emotions. Try to maintain a businesslike communication style, be decisive and do not threaten in any way. This will help you get your debt repaid faster. And insults and threats against the debtor are only able to provoke him to counter accusations.
