By lending money, many are faced with an unpleasant situation regarding their return. It is embarrassing for some to remind them of a loan, while others do not know what rules of law to regulate the situation with. To solve such a problem, you must first calm down, and only then act.
Instructions
Step 1
Assess the current situation. In doing so, it is necessary to analyze factors such as the evidence of debt you have and the financial situation of the borrower. Write down separately all the rules of law that you can operate when talking with the debtor.
Step 2
Remind the borrower of the amount owed. Talk to him about the current situation. In this case, you must be polite and calm. It is not necessary to inflame the situation without weighing all the pros and cons. Perhaps the debtor has financial difficulties and is not able to pay the required amount at the moment. In this case, going to court will also not speed up the process, since, firstly, it takes time, and secondly, he will not have money anyway, and thirdly, the borrower will incur additional legal costs that will not improve him. financial situation.
Step 3
Agree with the borrower on an installment plan for the debt. Invite him to pay the amount in installments. If the peace negotiations are unsuccessful, then before going to court, it is necessary to draw up a claim letter. It must indicate on what issue you are contacting the borrower, the amount of the debt and the repayment period.
Step 4
Reason your requirements with specific articles of the law. Do not hand over the letter in person. It must be sent by mail in the form of registered mail with notification. Save your shipping receipt as well as the receipt notification you received. They will help you when you go to court.
Step 5
Submit a statement of claim to the court if the borrower did not respond to the claims for a refund within the time frame specified in the claim. Together with the claim, it is necessary to provide photocopies of all documents confirming the fact of debt: a receipt, a loan agreement, receipts.
Step 6
Get a writ of execution in your hands, which is written out on the basis of a court decision. It will allow you to get the money back from the borrower. You can perform this procedure yourself or with the help of bailiffs.
