In the course of working with counterparties, the company may face the formation of overdue debt. This term in accounting refers to a debt that was not paid within the time frame established by the contract. In this case, in order to recover money from the debtor company, it is necessary to legally competently perform a number of actions.
Instructions
Step 1
Determine the actual address of the debtor company. Quite often, the office of enterprises is not at the legal address, which can complicate correspondence and debt repayment. If you do not know the contact numbers, then the location of the debtor can help you find a company specializing in security and safety.
Step 2
Write a claim letter. Indicate in it the fact of the formation of debt, set the maturity date and amount. You also have the right to impose penalties for delay, which are stipulated in the contract or calculate them in accordance with applicable law. These relations are governed by the Civil Code of the Russian Federation.
Step 3
Send a letter by registered mail to the actual and legal address of the debtor company. Be sure to keep the shipping receipt, which you will need in case of a trial. Wait until the debt is paid in due time or receive a written response within 10 days from the date of receipt of the letter by the debtor. If these actions were not followed, then file a statement of claim in court.
Step 4
Draw up and file a lawsuit. Pay the state fee. It is recommended to consult an experienced lawyer for litigation, who will help you quickly and legally competently resolve the issue of debt collection. It should be noted that if the debtor has serious financial problems, then a claim should be filed for the liquidation of this enterprise. In this case, you will provide yourself with a chance to repay the debt. If the company is liquidated without your participation, then the debt will be returned to you only after the other obligations of this company are repaid.
Step 5
Get a debt collection order. You can try to freeze the counterparty's account, repay the debt yourself, or use the services of bailiffs. You can also contact collection agencies.
