Everyone can face a situation when the borrower does not repay the debt. In this case, it is necessary to act in accordance with the available documents, which confirm not only the loan issued, but also the resulting debt. The main thing is to remain calm and common sense. Remember, the law is on your side.
Instructions
Step 1
Assess the current situation. Put in a separate folder all documents that may become evidence of non-repayment of debt in court. Check out the Civil Code on this issue and write out articles on loans. It is also recommended to read information about litigation to collect a debt from a borrower. You may be able to learn useful information from them.
Step 2
Talk to the borrower. At the same time, it is necessary to remain calm and not go over to insult and threats. Find out from him the reason for the non-repayment of the debt and try to find solutions. For example, you can install a loan for a longer period or postpone the repayment date. Be sure to draw up a side agreement that outlines the agreements you have made.
Step 3
Write a letter of claim addressed to the borrower if he refuses to repay the debt. Indicate in it the amount of debt and the timing of its repayment. Refer to the articles of the law that govern this issue. Indicate the possible consequences of ignoring this letter. You can also calculate the amount of interest or penalties, if any, are indicated in your receipt or loan agreement.
Step 4
Send a letter by registered mail with a list of attachments. Be sure to keep your receipt and shipping receipt, as this document will serve as evidence in court. If within ten days the borrower has not responded to your requirements, you have every right to resolve the issue through the court.
Step 5
Submit a claim to the court to recover the debt from the borrower. Submit all the documents in this case: a receipt, a loan agreement, receipts, a letter of claim and other documents confirming the fact of non-refund of money. If all documents are drawn up correctly, then the court can decide on the compulsory collection of the debt. In this case, you will receive a writ of execution, according to which you can receive the required amount yourself or through bailiffs.
