In everyday life, many people have to act as a lender or borrower from time to time. Borrowed money can help out in a difficult situation, but it can also become a source of problems. What if a friend, relative or work colleague asked you to borrow a decent amount, but you are in no hurry to return it on time? Is it possible to get this money back with minimal loss of nerves, energy and time?
It is necessary
- - IOU;
- - loan agreement.
Instructions
Step 1
To minimize potential problems with debt repayment, take precautionary measures in advance. Even if the loan amount is small, offer the borrower to draw up the obligation in the form of an IOU. It should indicate the data of the debtor, the amount of the loan, the period for using the funds. Such a document can become one of the arguments in your favor if the case comes to trial.
Step 2
If the amount of borrowing seems to you significant, arrange it in the form of a loan agreement. In the agreement, reflect the information about the borrower, including passport data, the loan amount, the term of the agreement, the procedure and conditions for repaying the debt. Provide an item on interest for the use of funds, if you deem it necessary. If desired, such a document can be notarized, which increases the level of responsibility of the borrower.
Step 3
If the deadline for repaying the debt or part of it has come, but the borrower is in no hurry to repay the amount, contact him for clarification. Remind the agreement and find out the reason for the delay. You should not start a conversation with threats; the reasons for violation of the contract can be quite prosaic and easily eliminated in the course of negotiations.
Step 4
If you have objective difficult life circumstances, for example, in the case of a change in the borrower's solvency as a result of the loss of a job, offer him to postpone the debt repayment period for some time or to split the total amount of the debt into several small payments. If we are talking about a bona fide debtor, such a measure, as a rule, allows you to get out of a conflict situation with minimal losses.
Step 5
In the event that the borrower categorically refuses to return the borrowed funds or, under various pretexts, evades payment, go to court with a claim. Attach documents confirming the fact of the transaction (IOU or loan agreement) to the statement of claim. If possible, indicate persons who can testify that the loan took place in reality.
Step 6
Wait for the decision of the judicial authority. If there is an appropriate evidence base, the court, as a rule, makes a decision on satisfying the lender's claims. After that, the execution of the debt repayment will be handled by the bailiff service, which has the right to take the most stringent measures to implement the court decision, up to the seizure of the debtor's property.
