When the debtor fails to repay the debt within the agreed period, the injured party must file a claim with law enforcement agencies, since it becomes the responsibility of law enforcement agencies to return debts from the debtor in the presence of a corresponding application.
How is debt repaid legally?
Actions should be taken when problems with debt repayment just begin, since it is almost impossible to force a person to repay the debt without timely judicial intervention. To do this, there are several stages of “knocking out” money from the borrower.
- Receipt
Many individuals and legal entities, before lending a certain amount of money, take a receipt, since it is easier to force a person to repay a debt with a certified document through legal means. This will require passport data, signatures of both parties and a designated time frame for debt repayment, since it is difficult to extract money from the debtor without clearly defined conditions. The receipt must be written directly by the debtor and in front of witnesses, so that the court does not have to use an examination to determine the owner of the handwriting. - Notarization in front of witnesses
A promissory note is created in in writing without notarization and according to the legislation of the Russian Federation, if it is filled out correctly, the court will consider its action lawful. Certification by a notary will secure further resolution of issues regarding debts.
Debt, the amount of which is up to 10 minimum wages, is proven in court without a certified document, but in the presence of witnesses. The amounts above require documentary registration. There will be a greater chance of winning in court if you present a receipt and witnesses (at least two). - Submit a claim
A claim is only a warning about further actions of the injured person. Before collecting a debt from a person, a claim is sent to him, which means that the next step is to file a lawsuit in court. To make it easier to confirm your measures to collect the debt, the letter is sent in an envelope by mail before filing an application with the court. The borrower has less chance of being acquitted due to official confirmation. - Lawsuit in preparation
If the money has not been received after filing a claim, make a payment indicating all the nuances of the agreement, with an attached copy of the receipt, indicating the time of sending the warning sheet. The amount of the state duty, which the losing party will pay after winning the trial, is also indicated.
- Limitation periods
The statute of limitations in this case is three years, check if you are within the deadline. If the money was partially transferred and then not, then the period is counted from the moment of the last transfer of money. - Seizure of property
Another way to force a debtor to repay a debt is to file a lawsuit with a request to seize the debtor’s property; this is a protective action in relation to the debt in the event that there is no money to pay the debt.
A claim for debt collection between two individuals is considered by courts of general jurisdiction or magistrates' courts, taking into account the amount of the debt. A debt collection claim between legal entities is collected by arbitration courts. The debt collection claim is sent to the borrower’s place of residence. - Appeal to the bailiffs
After receiving a court order, contact the bailiffs, since forcing the debtor to return the money will become their responsibility after initiating enforcement proceedings against the borrower. On the main site Federal service bailiffs is the address of the service. - Contacting the prosecutor's office
Get the debt out individual If bailiffs refuse or evade their duties, the prosecutor’s office will help; it will appeal against unlawful actions or inaction.
If the debt amount is up to 50,000 rubles, you must go to the magistrate’s court. And if the amount is more than 50,000 rubles, go to the district court.
Perseverance - the matter cannot be left to chance; in addition to the official authorities, the injured party must independently influence the payment of the debt: go to negotiations with the debtor, find out about his solvency from relatives, call and remind him;
Compromises and constructive conversation - presentations are explanatory in nature, clear and clear requirements in relation to debt. Since it is difficult to force the debtor to return the money when the debtor feels weak, payment terms will be delayed;
The video discusses the details of debt repayment
Measures within the financial boundary - demand money from the debtor by lawful means for small and significant amounts. The costs of a ship fee, a lawyer, contacting the police, and bailiff services for a small amount of debt will add up to even greater costs. If you have a large debt, talking and waiting alone will not do. In this matter, maximum returns will be required without harming the budget;
Legality of measures - sometimes harsh measures are applied if the debtor does not pay back the money, which is prohibited by law. Use legal methods of debt collection so that you cannot be held accountable for unlawful actions directed towards the debtor.
Collectors' actions
Another way to collect debt is to contact. They operate within the framework of the law in several stages:
- The first stage is business intelligence, determining the solvency of the debtor. Mainly used in relation to legal entities, since collectors have limited rights in relation to individuals.
- Remote work with the debtor. Contact is established with the borrower by telephone or letters. Collectors do not have the right to travel or meet in person with the borrower without his written consent.
- Judicial debt collection. Collectors are seeking permission from the court to seize property and to involve bailiffs. All further actions by collection firms are carried out in relation to bailiffs. They are given information about the borrower.
Leave your questions about getting money back from a debtor in the comments.
Alexandra and Anna have been friends since school. At Sasha's successful business, and Anya works in an office and holds a very modest position. When a friend needed money for repairs, Alexandra happily helped her out by lending her the considerable amount she needed. The renovation was done six months ago, but Anna does not pay any attention to timid hints that it is time to return the money or part of it.
After another two years, things begin to go poorly for Alexandra herself, and she demands to repay the debt in a more severe form. There is no limit to her friend’s indignation: grievances surface that Sasha could not even imagine. She learns a lot of new things about herself: about how she once stole Anya’s boy at school, about how everything “came easily” to her all her life. And what repairs could Anya make for this pitiful amount?
When lending something to acquaintances or friends, be prepared to part with it forever
Frustrated Sasha writes poisonous posts on social networks. The money can no longer be returned, and many years of friendship are coming to an end... This happens to many of us, and we wonder: why don’t our friends justify our trust?
Here are five reasons that explain this behavior.
1. A FRIEND PERCEIVED YOUR MONEY AS A GIFT
Perhaps he initially did not intend to return what he lent to you, deciding that it was a gift. Etiquette expert Emily Post advises against borrowing items or amounts of money that you really value. In other words, when you lend something to acquaintances or friends, be prepared to part with it forever. First of all, this applies to books.
2. HE FORGOT ABOUT DEBT
Perhaps he even denies the very possibility that he could borrow something from you. What is it: forgetfulness or pretense? So advice for the future: take a receipt indicating the amount and deadline for its return. An email will be enough to refresh your memory.
3. You have different value systems
Perhaps you are thrifty, scrupulously keep your home accounts and carefully plan all your expenses, but your friend lives one day at a time and does not know what will happen at the end of the month. She has a different attitude towards money: today it’s there, tomorrow it’s gone – that’s life. And she has no motivation to return them if she is broke again.
4. A FRIEND BELIEVES THAT YOU WILL NOT CLAIM THE DEBT.
You may be perceived as a well-mannered person who won't make a fuss over a certain amount of money. Thomas Farley believes it is right not to stutter about his rights. Wanting to return money lent to friends, you risk your reputation as a generous and wealthy person. Especially if you paid for a friend in a restaurant or helped him with shopping by paying extra for the thing he liked.
5. A FRIEND BELIEVES THAT HE IS MORE IMPORTANT TO YOU THAN MONEY
...And he takes advantage of it. This is a reason to generally reconsider your relationships with people. Perhaps by borrowing large sums, you are trying to earn the favor of others. Money in exchange for friendship is not the most reliable investment.
Let's talk about it
Is there any way to appeal to conscience and repay the debt without scandal? Unfortunately, there is no tactic that gives a 100% guarantee, but, for example, a one-on-one conversation in a cafe can help. The main thing is that you are alone and no one bothers you. Avoid harsh language and do not behave like a bailiff. Your monologue might look like this: “I was happy to lend you this amount a couple of months ago, but I was hoping you would pay it back before I had to pay rent. Now I really need them myself. When will it be convenient for you to pay me back?”
If your friend is silent or vague, hint that you are not willing to wait forever: “I hope we can work things out within the next month. Perhaps you can give me part of the amount today?”
Financial relationships can actually be a marker of your position in life and your ability to defend your own interests.
1. The person does not repay the debt.
1.1. Contact the court
1.2. If only there is a receipt.
2. A person has not repaid his debt for 2 years, what should I do?
2.1. Contact the court with the appropriate claim.
There must be evidence that the money was transferred specifically to the debtor.
As well as reliable personal data of the debtor.
2.2. Good afternoon. If you have a receipt in hand, drawn up in writing, signed by both parties, then file a claim for recovery in court; if there is no receipt, only through negotiations. In court, you can refer to the receipt. There are no mandatory notarization requirements.
2.3. Hello, is the fact of transfer of money confirmed by any document? If all this is in words, then you will not be able to return it, since you cannot prove that you borrowed money. Thank you for choosing our site, all the best, goodbye.
2.4. Submit a written claim for debt repayment. Set a deadline for returns. If the debt is not repaid, file a claim in court. Good luck.
3. A person does not repay a debt of 2000 rubles. What can be done?
3.1. You can go to court if you have a receipt, but if not, you can write a statement about fraud to the police; they will refuse to initiate a case, but they may force you to write a receipt.
3.2. Write a written complaint to him. Next, go to court. If you have a written receipt, you will be charged. Article 808 of the Civil Code. Good luck to you.
3.3. Good day!
If there is a receipt, a lawsuit is filed in court to collect the debt.
If there is no receipt - a statement to the police, then a lawsuit
Good luck to YOU! Always happy to help.
- They borrowed money and won’t pay it back
- The debtor does not repay the debt
- Borrowed money against a receipt and did not pay it back
- I lent it without a receipt and they won’t pay me back
4. The person does not repay the debt; a year has passed; no receipt?
4.1. do not collect by legal means
4.2. If you transferred money through a bank, you can recover it.
How to repay debts without a receipt if the borrower refuses in every possible way to return the funds transferred for use is a multifaceted question. Judicial practice in such cases has precedents. They are related to the evidence base.
Creditors often have to prove their case in court. This is a long process that can take 2-3 months. In this case, the requirements will be legal. If a positive decision is made in favor of the lender, he will have the opportunity to attract funds from the debtor through the FSSP authorities.
Debt recovery without a receipt is a rather specific process. To expedite the refund process, the following types of evidence will be required:
- a receipt that must be registered by notarial authorities;
- Availability of an audio recording of the conversation;
- Correspondence via SMS mail or the Internet.
Based on such data, the creditor can recover from the person the amounts previously entrusted. If there are no receipts, then it may be difficult to get the money back. A citizen is limited in his legal actions to collect debt. Without legal confirmation of the fact of transfer of the amount, there is no way to simply come and collect the money, or to demand it from the debtor.
Working return methods
The court hearing will be held in several stages, and if the borrower denies the fact in every possible way, and the plaintiff does not have weighty arguments in hand to confirm the validity of his claim, the court will lean towards the defendant.
Attracting collectors
There are many companies providing services related to debt collection. Before applying, you should check whether such an office has a license to carry out its activities.
How to repay a debt with the help of debt collectors? It is worth dispelling the myth that having a receipt or a couple of undocumented arguments in hand, the creditor can turn to collectors and through them return the issued funds.
This is wrong. De facto practice is possible, but de jure it will not exist. In this case, the borrower himself can contact the police with a statement of extortion.
In addition, the borrower can, from a legal point of view, turn to collectors, if there is judgment on recognition of debt. This is a writ of execution.
The plaintiff has the right to receive it in his hands and, through a collection agency, try to collect the debt within the framework of enforcement proceedings and in active cooperation with the FSSP authorities.
Evidence of transfer of money
The fact of transfer can be proven if there is confirmation using means of communication or a certified receipt. It is necessary to pay attention to the fact that witnesses, by virtue of Article 162 of the Civil Code, cannot confirm the transfer of funds to the borrower.
The main evidence that may have legal force includes:
- Correspondence with the debtor by email. mail.
- Correspondence on social networks.
- Correspondence via SMS.
- Audio recording.
How to prove a fact using a receipt? Only if it is officially registered by a notary. Without this, it will have no legal significance.
Correspondence with the debtor by email. mail
This evidence must be supported. It is necessary to prove the fact that the email address is the borrower. If this was not possible, the correspondence will not be accepted by the court.
To confirm, you must contact a company that examines such documents. Upon establishing the existence of this mailbox the debtor has a high probability that the court will side with the creditor.
Correspondence on social networks
In correspondence, it is important to consider that messages must contain precise wording. It is advisable that in such correspondence the exact amounts, terms and confirmation of the existence of debt are indicated. This is expressed by the borrower’s recognition of the fact that he has a long relationship with the lender.
Correspondence via SMS
This rule applies to SMS messages. Here, proof of the actual presence of the telephone number from which the negotiations were conducted is the registration of the subscriber himself. To confirm that the number of the person who borrowed the money is enough to contact your mobile operator.
In this case, the court will side with the lender. How to behave when communicating via SMS? It is important not to send threats or insult the debtor. This can aggravate the situation, since according to the action there are criminal articles and the situation can radically change if the borrower contacts a competent lawyer.
Audio recording
Please note that video recordings may not be considered in court. This is due to the fact that there are controversial positions on the legal basis for the secret collection of audio and video information.
For disclosing secret correspondence or verdicts, as well as collecting information about personal life through video recording, the citizen who lent the loan may be prosecuted on the basis of Articles 137 and 138 of the Criminal Code of the Russian Federation.
When speaking or communicating, an audio recording can be used, but not all courts, due to controversial definitions in civil proceedings, can accept such material as evidence.
Telephone conversation and correspondence are the main sources of confirmation of the existence of a debt. And if everything is not simple with the audio recording, if you provide a captured copy of the conversation from the phone, recorded on a disk, it will be recognized as a phonogram.
It will be almost impossible to prove with the help of an examination what exactly the person who borrowed the money said without a receipt.
7 steps to repay a debt without a receipt
Lenders will find it useful to read step by step guide, which will give you the opportunity to try all legal ways to receive funds without a receipt from the debtor. You should not go beyond the limits indicated in the steps.
This may lead to reverse effect and the person who voluntarily lent the money may end up in the defendant’s dock.
Looking ahead, it is worth noting several useful points on how, in principle, to lend correctly and at the same time, even without a receipt, return them without using the steps indicated below. It is always better to indicate accounts for transferring funds from card to card.
Everything is quite simple here. Money must be lent, without a receipt, using banking transactions. This will allow you to document the fact of acceptance of the transfer of funds. There's another one useful feature. It is better to borrow for a short period of time.
For example, up to 5-7 days. As a result, after transferring money, if a citizen refuses to give it back, he should immediately write an application to the bank to return the erroneously transferred funds. In this case, the debtor’s account for the amount transferred will be empty.
This opportunity is available only in the first 10 days from the date of transfer of funds. The debtor will not be able to justify the money received, since this will be an actual recognition of his debt to the person who transferred these funds to him.
We get in touch with the debtor
First you need to resolve the controversial issue yourself. To do this, it is worth offering a compromise to the person. This may be a proposal to divide the body of the debt. Additionally, you can agree on the transfer of tangible property or the performance of services for a specified amount.
Individuals do not always deny the fact of debt. However, due to anxiety or other circumstances, they do not know how to repay the debt. Here, in order to get money back, it is better to put yourself in the position of such a person and suggest a solution, since the person being credited does not always have the courage to offer options for resolving the controversial issue.
We collect evidence of the transfer of money
If a citizen refuses to return funds received without a receipt, then the transfer of money will be sufficient evidence to confirm the fact of the debt.
If the money was given in cash, the conditions for return are more difficult. How to resolve a controversial issue? Legally acceptable evidence must be collected. In this case, just a promise over the phone will not be enough. It is advisable to obtain written evidence in the form of correspondence or SMS.
We go to the police and file a fraud report.
The department should write a statement under Article 159 of the Criminal Code of the Russian Federation and set out in detail all the circumstances of what happened. To initiate a criminal case, you must have a number of compelling reasons.
The police will summon the suspect in the case for questioning. If he continues to deny the fact of receiving the funds, and there is no certified receipt, it will be impossible to get the money back, as well as to initiate a case against this citizen.
We receive a certificate of refusal to open criminal proceedings
Based on the refusal to initiate proceedings under Article O, a certificate must be issued to the applicant. It is prepared and sent to the person within 10 days from the date of the decision to refuse to initiate a case.
With this document, it is necessary to draw up a statement of claim in a civil court, always attaching the paper received from the police.
Making an application to the court
To initiate enforcement proceedings, the plaintiff must provide as much evidence as possible of his case.
If this is an audio recording, a full written transcript and the exact time of the conversation must be indicated.
We provide materials on the case
These materials must be attached immediately to the statement of claim. At the end of the document, an estimate or list of the attached materials is drawn up. Be sure to have copies of each piece of evidence.
We are waiting for the court's decision
The court must consider each of the attached pieces of evidence. If there is any doubt, it will be necessary to appoint an examination to confirm the veracity of the evidence. You should also understand how the civil process works.
Each party must be present. If the debtor is unshakable and the plaintiff’s argument is weak, the court may tip the scales in favor of the defendant. The applicant can challenge this decision, but it is necessary, if possible, to collect more evidence confirming the fact of transfer of money or recognition of the debt by the person.
Hopeless situations
However, there are also “Black Holes” in the legal field. Even if there really is a debt, the court does not always take the plaintiff’s side. It is necessary to navigate civil law, since this is where legal act all the reasons are indicated under which it is unlikely to be possible to receive the funds back without a receipt.
Below I will discuss the 3 most common reasons why it will no longer be possible to return transferred funds.
The statute of limitations has expired
It is important to remember the rule that everything has a statute of limitations. And the legal field, especially the civil one, is no exception. Here the period is only 3 years from the date of transfer of money. How to return funds after its onset - alas, there is no way.
In order not to prolong the situation, the debtor should be given a maximum of 3 months. If payments have not been received within this period, you must immediately contact the judicial authorities.
Lack of financial ability to repay the debt
If the borrower does not have the funds and material property, it will also be impossible to collect the debt from him. It follows that risks must always be assessed. How to protect yourself?
In addition to the receipt, you should offer a deposit. At the time of issuing the start-up money, the debtor will transfer for storage an item of equal value, which must be his tangible property.
The debtor is declared bankrupt
If a citizen is declared bankrupt in court, then it will be almost impossible for the insolvency administrator to receive money from him in the established order. Declaration of bankruptcy indicates that the citizen has accumulated enough debts and loans amounting to more than 500,000 rubles.
Creditors have already gone to court, and to get out of this situation the citizen was declared bankrupt. With this status, enforcement proceedings and other claims of creditors are stopped until the person’s complete financial recovery.
What you need to know when asking for a loan
How to lend money without a receipt? You should follow the advice mentioned above. cashless is a good insurance policy.
Additionally, you can specify your obligations and the obligations of the person being credited in the agreement. All conditions must be noted. In addition, to approve such a transaction, according to the rules, it must be secured by a notary. Without this action, recognition of the fact of transfer of funds through cannot be achieved, and therefore it will be impossible to legally collect the debt.
Examples of situations
To illustrate the effect of various return conditions cash Below we will discuss 3 of the most common situations. On clear examples Readers will be able to see how common precedents can be found in such situations and how borrowers find themselves in difficult situations due to legal circumstances.
Situation 1
Petrova turned to her with a request to borrow 5,0000 rubles until her salary was calculated at the end of the month. The agreement was oral, and there was no receipt, since the two women had worked in the same team for a long time.
After salaries were accrued. Ivanova asked Petrova to repay the debt, to which the latter refused. In addition, due to her insignificant knowledge of the criminal and civil codes, she said that if Ivanova continues to demand the funds back, she will file a statement with the police to initiate a case under the article on extortion.
As the reader has already understood from this situation, it will not be possible to return the money in this case, since there was no receipt and the woman did not have any other evidence in her hands.
In addition, the circumstance in which it is possible to contact the police with a statement of extortion was correctly indicated. There may not be such a police investigation itself, but problems at work will begin.
Situation 2
Sidorov borrowed Pavlenko 20,000 rubles to repair the car. The guys agreed that the latter would give the money by transfer to the borrower’s card. In this case, the agreement was sealed verbally without a receipt or other written confirmation.
When the time came to give the money, Pavlenko said that in order to send the money he needed to go to the bank, to which Sidorov offered to come and pick up the money in cash.
Pavlenko began to delay the deadline. After that, the guys practically did not communicate. Sidorov was embarrassed to demand money from his comrade, since he believed that friendship was more valuable. However, when 3 and a half years had passed, the comrades quarreled. Sidorov, offended, remembered the debt and pointed to it.
As evidence of this, there was an SMS message with correspondence about the amount of debt, where Pavlenko admits that he owes money and asks to wait a little longer.
Having filed a claim in court, Sidorov was refused, since the statute of limitations for this category of civil cases had already passed, and it was no longer possible to return the money previously transferred.
Situation 3
Nikolaev, being Andronova’s boyfriend, was in a long-term relationship with her; the young people cohabited for several years and the budget was practically common. A situation arose when Nikolaev needed a large sum of money - 50,000 rubles.
He turned to his friend with a request that the girl ask for a loan from her relatives. At the same time, he promised to give the money in installments over the course of a year. The girl's father volunteered to help the young people. He transferred the set amount to the steam card.
Then there was communication between them via SMS, where every month the father of citizen Andronova asked when the young man would pay the specified amount in installments. Pavlenko acknowledged this fact and apologetically said that he would give it back as soon as possible.
After several months, the young people separated, and Nikolaev began to live in another place. The girl's father contacted him and offered to return the money, but was refused.
Immediately after this, citizen Andronov filed a statement of claim in court, where he attached a card statement indicating the transaction and time of transfer of funds to Nikolaev’s account and printouts of SMS communications regarding the Great Dane. The court accepted this evidence and decided to recover young man the specified amount of funds.
As you can understand from each of the above cases, there is a chance for a refund on receipt only when there is strong evidence. In other cases, it is impossible to return the money without a receipt confirming the document.
