In accordance with Article No. 807 of the Civil Code of the Russian Federation, the loan agreement concluded between the lender and the borrower is subject to strict execution. If the debtor is in no hurry to fulfill his debt obligations, the creditor has the right to apply all measures that do not contradict the legislation of the Russian Federation.
It is necessary
- - notification;
- - application to the court;
- - loan agreement;
- - court statement;
- - performance list.
Instructions
Step 1
If the borrower does not fulfill the debt obligations under the agreement, remind him of this. Usually, all credit organizations carry out SMS informing about the amount of the debt and the maturity date. But SMS cannot be presented as an evidence base if you need to go to court, so send a letter with a list of attachments and notification of receipt. It will be handed to the debtor against receipt, you will have proof that the borrower was notified.
Step 2
For most borrowers, it is enough to remind about the loan and the repayment period for all debt obligations to be fulfilled. In some cases, even multiple notification does not work. There is only one option for repaying the loan under the agreement - to go to an arbitration court or to a court of general jurisdiction.
Step 3
Submit your application, attach the original second copy of the contract and a photocopy. Your debtor will be summoned. In addition to the principal debt, you have the right to demand to collect a forfeit in the amount of 1/300 of the amount owed for each overdue day for the payment of debt obligations.
Step 4
On the basis of a court order, you will receive a writ of execution, which will be a document confirming your right to enforce debt collection.
Step 5
You can send the writ of execution to the accounting department at the place of work of the debtor, present it to the bank where the savings are kept.
Step 6
If your borrower does not work, does not have bank accounts, contact the bailiffs with a statement. The debtor will make an inventory of the property with subsequent sale to fully repay the debt.
Step 7
Often there are situations when the borrower has lost his job, has no savings and property, that is, there is practically nothing to take from him. In this case, you can grant a grace period for a month, a year, or several years. Also, you have the right to claim the entire amount of the debt, no matter what. In this case, the borrower may be involved in forced labor until the full repayment of the entire amount of the debt.
