How to recover a debt. How to recover a debt through the courts, debt collection services? Attraction of collection agencies

Debentures, fixed in the receipt, must be executed, since the receipt, according to Article 810 of the Civil Code of the Russian Federation, is a legally significant document. In case of ignoring the requirements, the citizen can apply to the court to reclaim the debt.

We will tell you how to repay debts on a receipt, what methods are provided for this and what needs to be prepared. We will also consider what will happen if the court takes the side of the creditor, and we will answer pressing questions.

How to independently repay a debt on a receipt - the procedure for pre-trial debt reclamation

Before going to court, a Russian should try to resolve the issue of debt repayment on a receipt directly with the borrower.

For self-reclamation of debt, a citizen can use the following methods:

Call the debtor by phone and remind about the obligations to you.
Meet in person with the borrower and demand that the issue be resolved amicably.
Send a certified letter to the name of the debtor. In it, write that if the debt is not returned within the time period indicated in the receipt, then you will go to court. If you plan to transfer the debt to a collection agency, then this can also be indicated in the letter. Be sure to receive a notification confirming the acceptance of the letter by the debtor.
Send the borrower a claim with written requirements. You can specify that in case of late return of funds, interest will be charged on the debt. They are determined depending on the refinancing rate (Article 395 of the Civil Code of the Russian Federation).

The letter or claim should not contain emotions and insults towards the debtor. In the sent document, the citizen can write that he will go to court to further solve the problem.

Advice: A lawyer can be involved in negotiations - especially if the receipt was issued by a notary.

The specialist must explain to the debtor's side how important it is to pay the debt, and describe further possible problems that may arise in case of non-payment.

List of documents to the court for debt collection by receipt in court

There is a standard package of documents required when applying to the judicial authorities in case of reclaiming a debt by receipt.

Of course, the applicant will have to file and file a claim. This is the main paper in which the meaning of the appeal, as well as the requirements, are recorded.

We indicate what else should be included in the documentation package in 2018.

All originals of documents are submitted to the court upon request. You can submit copies for consideration, and when you come to the court session, you can show them to the clerk.

Do not forget to bring your originals with you.

Notice , documents together with the claim may be considered by different authorities.

We will determine where the documents can be submitted, and under what circumstances:

To the magistrates' court. Documentation will be accepted if the amount of the debt is less than 50,000 rubles.
V district court. Documents will be accepted when the amount of debt exceeds 50,000 rubles.

As a rule, when you come in person to the secretariat, you will be informed whether or not the statement of claim will be accepted. If they are accepted, then you must submit the documents indicated in the list above. If they do not accept, then you will have to go to another authority.

Another thing is when documents are sent by mail... Then you will learn about the refusal to consider when you receive a return letter from the court.

You can also bring some papers if you suddenly forgot them. This cannot be done with mail.

Debt collection procedure by receipt through the court - step-by-step instructions

To reclaim the debt on receipt, after going through the pre-trial procedure for resolving the issue, a citizen can go to court.

To do this, you must follow the following instructions:

Step 1... Prepare a documentation package.

Step 2... Write a statement of claim. In another article, we'll take a closer look at how to do this.

Step 3... Contact the courts. Select the authority to which the documents and the claim will be accepted. You can come to court in person, or send the papers by mail. Mandatory on your copy statement of claim the person accepting the claim must sign in acknowledgment of acceptance.

Step 4... Pay the state fee. The secretary will tell you the details.

Step 5. Wait until the day when the court hearing is scheduled and take part in the proceedings. The plaintiff must be present, and the defendant may not come.

Step 6. Get a court decision and a writ of execution.

Step 7. Contact the FSSP department and submit the executive document to the employees.

If the court decides not in favor of the plaintiff, then you can appeal - and challenge this result.

The court's decision on the return of money with an IOU is in your favor: when and how should the debtor return the debt according to the law?

When the judge decides in your favor, it will take time for the document to become legally valid. The court decision will come into legal force only after 1 month.

During this time, the plaintiff can do nothing, but then to reclaim the debt you need:

Contact the bailiff office in your city or area.
Provide employees with a writ of execution.
Wait until the bailiffs make a refund from the debtor. By law, they must complete enforcement proceedings after 60 days, however, in practice, this period becomes long-term, for example, due to the insolvency of the defendant-borrower.

Notice that the defendant will return the debt through the bailiff service, not personally.

Some advise you to inform the bailiff about the possible property of the debtor so that the process of recovering the debt is faster.

On practice things are that bailiffs they interact mainly with the debtor, and the plaintiff remains on the sidelines - and may even wait for years to pay the debt.

Alternative and simplified methods of debt collection by receipt

A Russian who does not want to collect a debt through the courts may resort to another method of reclaiming Money... An alternative is the transfer of rights, or the sale of debt through a private company.

The citizen must prepare all the documents and contact the organization dealing with the redemption of debts. Today, there are a lot of companies that are ready to buy back debts.

The procedure is as follows:

A citizen contacts the company and provides documentation.
Further, an assignment agreement must be concluded with him. It contains all the conditions for the transfer of rights.
The organization then pays the client the debt in whole or in part, depending on the contractual terms.

If the citizen appealed to the judicial authorities, and the decision was made, then the employees of the FSSP will deal with the reclamation, and it will not be possible to sell the rights to repay the debt to the collectors.

Is it possible to return a debt by receipt if the debtor has nothing?

Debts will be reclaimed by bailiffs - and they, in turn, when a person has absolutely nothing, act like this:

They interact with the borrower-respondent, find out what funds he has, in what amount.
Determine if the borrower has the property.
They are repeatedly reminded of the payment of a debt to a citizen.
They can be brought to administrative responsibility, forced to pay a fine in case of non-payment and non-compliance with the requirements of officials.
They can collect property if the amount of the debt is large.

Any fact of transfer must be recorded by the bailiffs.

If a person has nothing at all - no money, no property - then he will definitely be held accountable and forced to perform forced labor. The severity of the punishment depends on the amount of the debt and the performance of the citizen.

If the bailiffs are not doing their job, then you can complain about them to the Prosecutor's Office or the higher body of the FSSP.

1. Non-cash liabilities. Compulsion to perform in kind. What has changed in the course of the reform of the Civil Code of the Russian Federation?

2. Monetary debt. The decision to collect funds - legal effect, impact on the relationship of the parties.

3. Penalty as a sanction for breach of obligation. New in the clarifications of the RF Armed Forces.

4. Interest for the use of other people's funds (Article 395 of the Civil Code of the Russian Federation). New in the clarifications of the RF Armed Forces.

5. Answers to the questions of the participants of the All-Russian satellite online seminar.

Speaker

Bevzenko Roman Sergeevich

Candidate of Law, Professor of the Russian School of Private Law, Partner of the Pepeliaev Group Law Firm

Candidate of Law, Professor of the Russian School of Private Law, partner of the Pepeliaev Group law firm.

Candidate of Legal Sciences (defense in 2002 in the specialty " Civil law", topic -" Protection of property acquired in good faith in civil law "), associate professor.
Teaching experience - since 2000 read for students full-time training of the Law Faculty of Samara University courses "Legal regime of securities", "Contract law", "Legal regime of real estate".
Currently works at the Department of Civil Law High school economy.

Since 2006, he has lectured at courses for professional participants in the securities market at the FFMS training center on the basic course on the securities market, course series 1.0 (broker / dealer) and 5.0 (management of shares investment funds). Has a professional participant certificate financial market FFMS for series 5.0 (management of mutual funds).

Since April 2008 - lecturer at the Statute Law School.

Practical experience in legal work: in the field construction business(management of the implementation of investment and construction projects) - 8 years; in the field of investments - 2 years (MC UIF).

Has more than 50 published works in periodicals on the following topics: securities, the legal regime of real estate, a common part law of obligations, participation in shared construction(published in the journals Bulletin of the Supreme Arbitration Court, Legislation, Law, Jurisprudence), 4 monographs, including one in the Statut publishing house ("Offset of obligations"), and two in the Urayt publishing house ("Civil law: Actual problems of theory and practice "/ under the editorship of V. A. Belov. M., 2007; Commentary judicial practice application of part one Civil Code RF / ed. V.A. Belova; M., 2008).

In Moscow, the situation with unpaid debts to the borrower is widespread. The law and the court, in the event of non-repayment of the debt to the borrower, protects the rights of the borrower and applies mechanisms for the return of the debt by the debtor by the court by court decision. The court upholds the rights of the borrower to return the funds lent to the debtor. Does the debtor have nothing to repay the borrower with? The court instructs the bailiffs to arrest the property and sell the property. The debtor's debt is returned by the court at the expense of the proceeds.

Important! A receipt (written agreement) on the loan of money to the debtor guarantees a court decision in favor of the borrower. If there is no receipt (written agreement) on the loan between the debtor and the borrower, it is problematic to prove to the court that the borrower has loaned money to the debtor. The borrower will need the help of a qualified lawyer and strong evidence for the court to force the debtor to repay the debt by court order.

Pre-trial recovery of a debt from a debtor

The borrower should try to solve the problem with the non-repayment of the debt by the debtor with the help of a lawyer without going to court to recover the debt by court order. The court lasts a long time, and a decision in favor of the borrower does not guarantee a quick return of the debt by the debtor. The intervention of the borrower's attorney shows the debtor the seriousness of the borrower's intentions. The presence of a lawyer motivates the debtor to repay the debt to the borrower or seek compromises with the borrower that are convenient for the debtor and the borrower, without bringing the debt recovery case to court.

If a compromise between the debtor and the borrower to recover the debt is found without going to court, it is important to document the agreement between the borrower and the debtor with the assistance of a lawyer or attorney of the borrower. If the debtor further ignores the borrower's claims for reimbursement of the debt, the written agreement will become evidential for the court of the fact that the borrower has transferred money to the debtor, evidence of the debtor's refusal to fulfill the obligation to repay the debt to the borrower.

How to repay a debt by a court decision?

The debtor does not fulfill the requirements of the borrower and does not return the debts? Then the borrower must go to court with a demand to withdraw the debtor's debts by court order. The borrower will need the help of a lawyer to draw up documents for claiming a debt by a court decision in court and an early court decision on reimbursement of a debt by a court decision.

A receipt (written agreement) of the debtor to the borrower for a loan of money is the basis for a condition for the forced collection of debts in court, guaranteeing the borrower a court decision in favor of the borrower and the collection of debts to the borrower by a court decision from the debtor forcibly. The court sets the terms for reimbursement of debts to the borrower by the debtor. Within a specific time frame, the debtor must return the debts to the borrower by a court decision. The court rarely takes the side of the debtor in the absence of compelling evidence of the transfer of funds by the borrower to the debtor.

The procedure for reclaiming a debt by a court decision

The debtor does not comply with the court decision and refuses to return the debt to the borrower? The bailiffs will withdraw the debt. The bailiffs withhold a portion of the proceeds until the debt is repaid to the borrower. Bailiffs study the property owned by the debtor, his financial assets... Bailiffs seize deposits and deposits, cars, land and real estate, values for the purpose of recovering debts and court costs. The property of the spouse is studied and the share of the debtor is withdrawn and the debtor's debt is paid, since the property acquired in marriage is considered common.

Important! Bailiffs cannot seize housing to pay the debt by the debtor to the borrower, if this is the only real estate, as well as housing in which the minors live or own part, cannot be alienated to pay the debt by the debtor to the borrower. Bailiffs cannot remove equipment from the social package for the payment of a debt by a debtor to a borrower.

Legal assistance in debt recovery through the court

Each borrower will need the advice of a qualified lawyer when recovering a debt from a debtor through the court. Lawyers of "Pravosfera" have extensive experience in litigation for the return of debt through the court. Our lawyers guarantee the observance of the legal rights of the borrower and the return of the debt by the debtor through the court.

Loans and credits are something you cannot imagine without modern life... Funds deal with difficult financial situation, in cases where you need a certain amount to buy property, start your own business. However, this positive opportunity often turns into a lender's nightmare. Debts are often not returned. Sometimes the obligations of the debtor can be very large, and therefore it is difficult to forgive them.

How to repay a debt? There are legal and other tools for this. They can be used individually and in combination. The most effective measure is selected for each specific situation.

How can a debt be repaid?

Most of the debt collection issues are resolved at the pre-trial stage. Negotiations are underway between both parties, as a result of which a compromise option for the return of funds is found. This is the easiest way to get money. But he is not always working, and if the person does not want to give the funds, the creditor can start more serious measures.

How to make the debtor pay back the money on your own?

Assumes an independent settlement of the conflict. A person is required to study the laws, consult with a lawyer and prepare a list of articles that the debtor violates. In this case, there must be documents confirming the existence of a debt. Such documents may be an invoice, an act of acceptance of work or goods, in relation to individuals- receipt. How it happens, read on our resource.

Then, with a list of claims, the creditor turns to the person in arrears. This is a measure of psychological pressure. It is required to notify the debtor of what measures will follow if he refuses to give the money.

Another independent measure is the preparation of a claim. must contain the requirements for the person, as well as the time frame in which he must give the money. If the conditions are not met, you can proceed to the next stage.

Going to court is one of the most effective ways.

Trial

How to get a person to repay a debt? Going to court is one of the most effective ways. To initiate proceedings, it is required:

Draw up a relevant claim;
Attach documents to the claim that confirm the existence of a debt and its amount;
Submit a claim to a magistrate or district court. If the amount of the claim is less than 50,000 rubles, the issue can be resolved through the magistrate.

The method is effective in that the bailiffs who will conduct the enforcement process have legal leverage over the debtor. For example, this is the seizure and sale of property, the withdrawal of funds from salaries. How debts are collected under the writ of execution,. The most effective will be a lawsuit in court in the following cases:

The debtor has assets, property, bank accounts, through which money can be received;
Deadline expires limitation period, and the creditor has the last opportunity to settle the case through the court;
In the presence of all documents confirming the amount of debt and late payments.

But solving the problem through a court has many disadvantages. Until the defendant's guilt is proven, the costs of the case are borne by the creditor. This is a lengthy procedure that does not always solve the problem.

How to collect a debt by contacting unofficial law enforcement agencies?

How to get out of debt? Often a desperate creditor comes up with the idea of turning to unofficial structures to resolve the issue by force. However, this measure is no longer relevant. Firstly, the time of gangs and authorities, resolving issues through violence, has already passed. Secondly, the influence of law enforcement structures has increased, and the creditor may be seriously punished for his initiative.

In the event of illegal knocking out of debt, the debtor has all the tools to bring the persons involved in the pressure to justice. This brings with it problems with the law, damage to reputation.

Institutions helping to get debt from a person

This measure is appropriate both at the pre-trial and at the trial stage. The lender can apply to the following structures:

Security Service... A package of documents about the debtor is transferred to the security service of the company. This can be personal information, information about relatives, if the latter is spelled out in the contract. Service employees try to contact the person, put pressure on him within the framework of the law;
Collector agencies... This is the most popular way to get money. The agency can receive only a fraction of the amount owed. The debtor's obligations can also be sold to him. The intervention of collectors is very effective, because they themselves are interested in getting money.
The agency uses various psychological measures of pressure on the debtor. The circle of his rights is rather limited, and therefore situations of violation of the law often occur in the process of pressure. The person with obligations, in this case, can file a claim in court with a complaint about illegal actions;
Mediator Service... Mediators are specialists who help to resolve the conflict peacefully. They are responsible for finding a compromise between the two sides, negotiating. Such services are becoming more and more popular. They are legal and beneficial to both the creditor and the debtor.

How to collect a debt? To do this, you can choose one of the listed measures, or combine them.

The lender can turn to collectors in order to receive money after receiving writ of execution... Since bailiffs do not always carry out their work with high quality, while contacting the relevant structures will help speed up the process.

How to get a person to repay a debt? The lender has quite a few effective tools for getting money. But for their application, you must first familiarize yourself with the law:

First, these are the measures that are taken when providing funds. The creditor can and should protect himself from the bad faith of the debtor.
Secondly, these are measures of a judicial and extrajudicial nature, which make it possible to recover money issued earlier.

How to collect a debt? To do this, you can use the following levers of influence on the debtor:

You can return the debt at the pre-trial and at the trial stage.

More on how to repay a debt by legal means, you can learn from this video:

How to collect a debt? The lender has a lot of leverage. Litigation is costly and time consuming. Contacting the collectors may entail their illegal actions, which will result in legal liability for the creditor. The best way out is to find a compromise with the debtor, since other methods have their drawbacks. At the stage of negotiation, about 60% of the debts are given away. It's safe, and it actually works.