They asked you to borrow money - a decent amount, which it is a pity to part with forever. You have it and you are ready to give. But how to get the money back and solve the problem peacefully?
A receipt is proof. But on the basis of the receipt, the bank will not write off the money from the debtor's account. If something goes wrong, you have to go to the courts. It is long and expensive.
How to insure yourself?
Debt can be collected without trial - with the help of a notary's executive note. This is when a notary confirms that this person or company owes you this much money. And this amount can be written off in your favor. The notary puts a writ of execution on the copy of the contract or receipt. It has the force of a writ of execution.
This document can be taken to the bank, bailiffs or to work for the debtor. All collection mechanisms will work as if you went to court for a year and won.
Do the documents need to be certified by a notary in advance?
Yes, the loan agreement will have to be certified by a notary. But the loan agreement can not be certified - keep this in mind when you yourself take a loan from the bank. There may be consent to collection through a notary.
The prerequisites for obtaining an executive note are as follows:
- the loan agreement is certified by a notary or there is such a condition in the loan agreement;
- the requirements are indisputable - that is, the notary can make sure that there is such a debt and that is who is obliged to pay it off;
- no more than 2 years have passed since the date when the debt must be repaid;
- all the conditions of the loan agreement have been fulfilled on your part.
How to collect a debt on an executive note?
- Send a notification to the debtor.
- You wait 14 days.
- Collect documents. You go to any notary. Write a statement.
- You are waiting. Immediately, the executive inscription will not be delivered. First, they will issue a receipt and check. If everything is ok, an inscription will be put on the copy of the contract.
- Take the documents. You can take them to the bailiffs or directly to the bank. Depending on whether the debtor has money or whether the property will have to be taken away.
How bailiffs work with executive titles. It's free?
No, you need to pay a state duty - 0.5% of the debt, but at least 1,500 rubles. And a separate notarial rate. With a debt of 120 thousand rubles, about 2 thousand will be released - a little more expensive than a court order, but cheaper than a lawsuit. This amount can also be required from the debtor.
And if the debtor is against?
The debtor will not be able to simply declare that he owes nothing. The notary will investigate whether there are grounds for doubts about the fact and the amount of the debt. It is possible to dispute the writ of execution only through the court. The debtor has only 10 days to do this.
Good check for the debtor
If they ask you for money, offer to draw up an agreement with a notary with the condition of an executive note. This is a good test. If you have any objections, do not contact. Those who are going to give money are not afraid of guarantees.
