Debt obligations are regulated by article 807 of the Civil Code of the Russian Federation. In accordance with Articles No. 17 and No. 18 of the Civil Code of the Russian Federation, any capable citizen is obliged to fulfill obligations for the debt obligations assumed, regardless of the form in which they were concluded.
It is necessary
- - application to the court;
- - receipt and photocopy;
- - Your passport;
- - documentary evidence of the issue of the debt (if there is no receipt).
Instructions
Step 1
You can return a debt issued to a private person, even if you did not draw up an IOU, but you have strong evidence that the funds were transferred. If you borrowed money or gave other valuables for use and issued a written receipt, then it will be much easier to repay the debt.
Step 2
Before embarking on legal methods to recover a debt, arrange a meeting with the debtor and try to negotiate a debt repayment. It is quite possible that the person could forget about the obligations he had undertaken or he had temporary financial difficulties and he is not opposed to returning everything to you in full, but due to the difficult financial situation, he needs additional time. If you were able to come to a mutual agreement on a later date for the return, then draw up a new receipt in front of witnesses and indicate the new terms.
Step 3
If you have not drawn up a new receipt, then remember that the limitation period for claiming any type of debt is three years from the date of issuance of funds or other material values. From the moment you draw up a new IOU with amended repayment dates, you will be sure that the debtor really plans to fulfill the promissory notes he has taken on, and not just wasting time.
Step 4
If all the deadlines have been exhausted, and the negotiations have not led to a positive success, apply to the court, present the original and a photocopy of the debt receipt, invite witnesses to testify.
Step 5
If you do not have an IOU, then record the conversation about debt repayment on a dictaphone. Any sane person transfers money or other material values in front of witnesses, therefore testimony in court is also taken into account.
Step 6
On the basis of a court order, you will receive your debt forcibly.
