Debt collection on a statement of claim. Sample claim for debt collection under a loan agreement
The form of the document “Statement of claim for the collection of funds by receipt” refers to the section “Statement of claim”. Save the link to the document on social networks or download it to your computer.
Court:___________________________________
Claimant: _______________________
______________________________
______________________________________
Defendant: ____________________________
___________________________
Cost of claim: ________ rub. __ cop.
State duty: ______ rub. __ cop.
STATEMENT OF CLAIM
about collecting money
According to the receipt from _________, the Respondent - _________________, residing at: …………………… .. received money in the amount of __________ rubles __ kopecks from me for paying for the car.
The conditions contained in the receipt stipulate that the Respondent agrees to purchase a car for the Claimant no later than _________ years.
The defendant did not fulfill his obligations, namely, in the period established by the agreement, the car was not purchased.
Cash ________________________ did not return.
According to the receipt of __________ year, the Respondent reaffirmed its commitment to purchase a car for me no later than ____________ year.
By the indicated period, the car was not purchased either and the funds were not returned.
According to Art. 807 of the Civil Code of the Russian Federation, under a loan agreement, one party (lender) transfers the property to the other side (borrower) money or other things determined by generic characteristics, and the borrower agrees to return to the lender the same amount of money (loan amount) or an equal amount of other things received by him same kind and quality.
A loan agreement is considered concluded from the moment of transfer of money or other things.
Based on paragraph. 2 Article. 808 of the Civil Code of the Russian Federation in support of a loan agreement and its conditions, a receipt of the borrower or other document certifying the transfer of a certain amount of money or a certain amount of things to him by the lender may be presented.
The fact of transferring money to the Respondent is confirmed by receipts written by the Respondent in his own hand - ______________
Thus, between me and the Respondent, the loan agreement is concluded in full compliance with the law.
However, on the due date and to date, ____________ has not fulfilled the obligations specified in the receipt.
In accordance with Art. 309 of the Civil Code of the Russian Federation, obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements, in accordance with the customs of business or other generally presented requirements, and by virtue of Art. 810 of the Civil Code of the Russian Federation, the borrower is obliged to repay the received loan amount to the lender on time and in the manner prescribed by the loan agreement.
According to Art. 310 of the Civil Code of the Russian Federation, unilateral refusal to fulfill an obligation is not allowed.
Based on paragraph. 1 Article. 314 of the Civil Code of the Russian Federation if an obligation (contract) allows you to determine the period of time during which it must be performed, then the obligation is subject to execution within such a period.
Thus, in connection with the above circumstances, there is every legal basis for satisfying my claims and recovering from the defendant _________ the entire amount of the debt in the amount of _______ rubles __ kopecks.
In addition, according to paragraph 1 of Art. 811 of the Civil Code of the Russian Federation, unless otherwise provided by law or a loan agreement, in cases where the borrower does not repay the loan amount on time, interest is payable on this amount in the amount stipulated by paragraph 1 of Article 395 of this Code, from the day it should have been returned, until the day it is returned to the lender, regardless of the payment of interest, provided for in paragraph 1 of Article 809 of this Code.
By virtue of Art. 395 of the Civil Code of the Russian Federation for the use of other people's money due to their unlawful retention, evasion of their return, other delay in their payment or unjustified receipt or savings at the expense of another person, interest on the amount of these funds is payable. The amount of interest is determined by the lender existing at the place of residence, and if the lender is a legal entity, at the location it is located, the bank interest rate on the day of fulfillment of the monetary obligation or its corresponding part. When recovering a debt in a judicial proceeding, the court can satisfy the creditor's claim based on the bank interest rate on the day the lawsuit is filed or on the day the decision is made. These rules apply, unless otherwise specified by law or contract.
If the losses incurred by the creditor in the unlawful use of his money exceed the amount of interest due to him on the basis of paragraph 1 of this article, he has the right to demand compensation from the debtor for the loss in part that exceeds this amount.
Interest on the use of borrowed funds is charged on the day the amount of these funds is paid to the creditor, unless a shorter period is established for the calculation of interest by law, other legal acts or an agreement.
In accordance with paragraph 2 of the Decree of the Plenum of the Supreme Court of the Russian Federation No. 13 of __________ year, when calculating the annual interest payable at the refinancing rate of the Central Bank of the Russian Federation, the number of days in a year (month) is assumed to be 360 \u200b\u200band 30 days, respectively, unless otherwise specified by agreement of the parties binding rules for the parties, as well as business customs.
Based on the calculation, the defendant is subject to recovery of interest on borrowed money in the amount of _______ rubles. __ cop.
Interest calculation:
Amount of debt ________ rub. __ cop.
Delay period from _________ to _________: ___ days
Refinancing rate: __% (Bank of Russia Ordinance of __________ "On the amount of the Bank of Russia refinancing rate")
Total: ________ RUB __ cop.
Also, the state duty in the amount of _______ rubles should be collected from the defendant. __ cop., which is confirmed by the receipt of payment, because, according to Art. 98 Code of Civil Procedure of the Russian Federation, to the party in whose favor the court decision was taken, the court awards the other party to reimburse all legal costs incurred in the case.
In addition, in accordance with Art. 100 Code of Civil Procedure of the Russian Federation, to the party in whose favor the court decision was taken, at its written request, the court awards, on the other hand, the costs of paying for the services of a representative to a reasonable extent.
In this regard, ____ rubles should be collected from the defendant in my favor - payment for the services of a representative, which is confirmed by KAGM "____" receipts.
Thus, based on the foregoing, -
I ASK THE COURT:
Collect from ___________ in my favor cash in the amount of ________ rubles __ kopecks., Interest on borrowed money in the amount of _________ rubles. __ cop., the cost of paying the state fee - ___________ rubles. __ kop., the cost of legal services in the amount of ___________ rubles. __ cop., and a total of ________ rubles. __ cop.
Applications:
1. Receipt of payment of state duty.
2. Copies of the statement of claim.
3. Copies of receipts.
4. A copy of the receipt for the payment of legal services.
__________________
" " ______________ of the year
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At work, each person spends a significant part of his life, so it is very important not only what he does, but also who he has to communicate with.
One of the simplest effective ways to formalize and consolidate the relationship between the debtor and the creditor is a receipt. The purpose of this document is to certify certain legal facts, confirm the occurrence or termination of civil legal relations.
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Most often, this means the following facts:
- obtaining performance on obligations (cash, bill, check and others);
- obtaining a loan;
- taking things in storage.
Depending on what the receipts confirm, they are divided into the following types:
The receipt is the main evidence if a claim is filed for the return of the debt.
In addition, receipts may be issued upon receipt of any documents (certificates, licenses, summons, postal items), objects or means (parcels, transfers, salaries), after a person has familiarized himself with certain information (after having familiarized himself with safety precautions, with a notification about upcoming dismissal). A common type of document under consideration is also a receipt on the absence of claims, on the receipt of alimony.
From a legal point of view, a receipt is a unilateral document confirming (certifying) the occurrence or occurrence of an event or action that constitutes the basis for the legal obligations of the person issuing it.
The action plan with the receipt is extremely simple: one side (the debtor) writes a receipt confirming the fact of receiving the money, in which the terms for repayment of the debt, interest, and other conditions are indicated
After receiving the money, the document is handed over to the creditor. We should not forget that after the return of the debt, it is necessary to take a receipt from the creditor that the funds have been fully returned and the debtor has fulfilled his duty in full, or you can simply pick up the receipt from the creditor.
The statement of claim for debt collection by receipt can be made independently - this is not a complex procedural document and, as a rule, does not require complex descriptions, a laborious process of proof. It is only necessary to correctly file the statement of claim, and in the document itself clearly describe what the receipt was about, indicate the fact of non-repayment of the debt and your demand to recover the debt with the forfeit from the debtor.
A debt receipt is issued in the case of a loan between two people, if the amount is up to 10 minimum wages, as well as if an advance payment for services or goods has been received.
Before proceeding to the consideration of the issue of the statement of claim, it is necessary to consider the requirements for this document, since its proper execution acts as a guarantee of a successful trial.
The rules for issuing a receipt are as follows:
- writing form;
- the name of the document must be present ("Receipt of the receipt of funds in debt from the name of the creditor");
- place of compilation;
- full name, passport data, addresses of two parties;
- the amount of money is written in words and numbers;
- you need to describe the situation in full (received the money in the amount of ...), specify the conditions (I undertake to return the amount ... and interest ... in such a time);
- the document is signed by the originator or two parties with the obligatory indication of the date;
- empty lines are crossed out with dashes;
- you can invite witnesses who also put their signatures on receipt, their full name, address are indicated;
- the receipt can not be certified by a notary if the amount does not exceed 10 minimum wages, but you can also do this - then you will have to pay a certain amount for notarization;
- all signatures, especially the debtor's signature at the end of the document, must be decrypted.
It is carried out in cases clearly specified in the legislation, for example, when the property of the enterprise is knowingly damaged.
How and on what grounds is it possible to recover debts from LLC, is explained in detail in the article on.
Lawyers have some tips when applying for a receipt:
- it is not necessary, but it is desirable that at least one witness be present when completing and processing the document - a competent disinterested person (the fact of his presence is fixed by the list of parties to the transaction);
- if the borrowed amount exceeds 10 minimum wages, then the legislation provides for the execution of such transactions by drawing up a contract, in this case only a contract, and not a receipt, will be recognized by the court as a basis for recovery;
- the text of the receipt is only on behalf of the borrower and written by him by hand, the one who lends may not be present at the same time;
- signatures should not be put on an empty form;
- it is advisable to put the signature directly below the text in order to prevent anyone from adding additional points after the document is completed without the knowledge of the borrower;
- only normative Russian speech should be used, ambiguities should be avoided;
- the amount of the penalty should be indicated in case of non-payment within the agreed period (if it is not indicated, the standard penalty awarded by the court is 8,3% per annum);
- the lender must carefully verify the original passport with the data in the receipt (in case of any error, even in one letter or number, the court may invalidate the receipt);
- it would be better for the lender if the debtor in the receipt does not indicate the purpose of the loan business, as there will be a legal loophole to write off non-return of debt on business risks.
The receipt can be issued on any scrap of paper, even on any that comes to hand, or on an object on which you can write. The main thing is that the details of the parties are clearly spelled out in it and the signature of the person borrowing money is signed.
Pre-trial settlement
There are three ways to repay a debt on receipt, namely:
- pre-trial settlement on a voluntary basis;
- sale of debt to collectors;
- lawsuit and trial, after which the federal service of bailiffs is engaged in recovery.
The easiest way is a pre-trial settlement. But it is worth noting that this method is quite rare, since the debtor rarely agrees to give money voluntarily. If he returns the debt after an oral reminder, then this situation is the best of all possible. But you can also issue a pre-trial procedure for the return of debt by receipt officially. To do this, you need to make a claim and send it to the debtor.
The rules for making a claim are as follows:
- Drafted in free form, it should contain a reminder of the receipt and terms of the return of the debt. Indicate its date, parties, amount of debt, other conditions. It is also stated that the deadline has expired, the money has not been returned and it is required (proposed) to fulfill the obligation as soon as possible, otherwise the dispute will be resolved in court with the recovery of late interest.
- The claim should be transferred personally to the debtor and the fact that he received it should be recorded (take a receipt from him, record the fact of transfer using a smartphone, involve witnesses). If it is difficult to do it yourself, you can send it by registered mail with a mail notification of receipt.
- If the claim has not yielded any results, the efforts are still not in vain. This document will serve as additional evidence for the benefit of the creditor in the lawsuit.
The claim can also remind the debtor that if the debt is forcibly recovered from it by the bailiffs, a restriction on travel abroad may be imposed, additional penalties in the form of an enforcement fee, penalty interest.
Pre-trial settlement can also be carried out by transferring the right of claim to collectors, in which case the creditor will not deal with the debtor at all
It will not be necessary to write claims, lawsuits, as well as to trouble yourself with contacts with the other side - collectors will take care of all the issues. To implement this method, you need to contact private collection companies and draw up a contract.
The downside, if the debt is sold to collectors, is that they will take a certain percentage of the amount collected for their services. Pros - the lender will receive some of the amount on hand immediately after concluding an agreement with the collectors, all the problems of returning the money will be borne by the company that provides services for the return of debts.
Court
The lawsuit for the collection of debt by receipt does not require much effort - the main evidence for the court is the receipt, if it is correctly drawn up, in the vast majority of cases the creditor wins the court.
A sample statement of claim for debt collection by receipt may also contain a requirement to pay a penalty, so resolving the issue of returning debt through a court will make it possible to return not only the borrowed money, but also to recover a penalty for delay.
The process of returning debt by receipt through the court goes through the following stages:
- Drawing up and execution of a claim.
- Preparation of documentation that must be submitted to the court along with the application.
- Payment of state duty, which is calculated as a percentage of debt. Confirmation of payment is attached to the documents. She is recovered from the defendant in the event that he lost the court.
- Filing a lawsuit and documents attached to it. At the same time, one copy is sent to the debtor. All documentation is submitted to the court registry. Be sure to make yourself and leave copies with notes on the delivery of documents.
- With the amount up to 50 thousand rubles the statement of claim is filed with the magistrates court, over 50 thousand - to the district.
- Next, you should wait until the subpoena arrives and appear there at the appointed time.
- After the decision is made and executed, you need to take it in your hands, wait until it enters into legal force and file an application with the office for the issuance of the writ of execution.
- Presentation of the enforcement document to the bailiffs at the place of registration of the debtor and control of the enforcement proceedings.
Along with filing a claim, you can also file a petition for the seizure of the property of the debtor in order to secure the claim. But do not notify the debtor about it.
Required documents
The statement of claim for debt collection by receipt implies the collection of the following documents:
- the claim itself (three copies: one to itself, two to the court, and also sometimes one copy is sent by the plaintiff to the defendant);
- fee payment document;
- copy of the debt receipt;
- if there is a document on the transfer of money to the debtor (receipt, check, extract from the debtor's account), you must provide a copy of it;
- a copy of the claim and a receipt of mailing to the debtor or other evidence confirming its delivery;
- a check of registered mail, an inventory, a mail notification of delivery of a letter with a claim to the defendant;
- calculation of interest for delay (three copies: yourself, the defendant and the court).
A lawsuit, a copy of the receipt, postal or other confirmation of sending the application to the debtor is provided to the court, if there was a claim - confirmation of its sending or delivery to the debtor, calculation of interest. The debtor is sent a lawsuit and interest calculation.
They leave a copy of the claim on which the court’s office marks the delivery, calculation of the penalty, the original of the receipt, claim, as well as receipts of state duty and mail.
What does a statement of claim for debt collection look like
A sample statement of claim for debt collection by receipt has the following structure:
- In the upper right corner: details of the court (name, address).
- In the same corner full information of the parties (addresses, postal codes, telephones) is indicated.
- After the parties indicate the price of the claim.
- In the middle they write the name of the document: "A statement of claim for debt collection by receipt from the name and surname."
- Describe the circumstances of the dispute. Write should be concise, specific and clear. It describes how the money was transferred, the amount, terms and conditions of the return. Indicate the full name of the parties, witnesses.
- The fact of expiration of the deadlines and non-refund of money is indicated, whether pre-trial settlement was involved.
- If it remains to recover part of the debt - its size, date of partial payment.
- Calculation of interest on delay.
- References to legislation and a request to the court to make a decision on recovery from the debtor for the benefit of the plaintiff's duty, interest and state duty paid.
If the deadlines for the return have expired, the plaintiff has the right to demand, in addition to paying the principal amount, interest for delay, even if this is not indicated in the receipt. According to the general rules, a penalty is calculated for each overdue day based on the size of the refinancing rate - 8,25% . The formula is this: the debt is divided by 360, multiplied by the number of days of delay, and the resulting figure is multiplied by the rate. As a result, you get the delay in one day.
Sample statement of debt collection by receipt (statement of recovery):
Oktyabrsky District Court
rostov-on-Don
trans. Red Banner, 225, ind. 345155
claimant: Petrov Nikolay Maksimovich
rostov-on-Don, st. Chekistov, 54/15, ind. 343256
tel. 89876578966
defendant: Shmatko Victor Andreevich, 03.23.1990 p.
rostov-on-Don, st. Pioneers 231/56, ind. 345215
Claim Price: 95000
Statement of claim
On June 20, 2019, Petrov Nikolay Maksimovich lent Shmatko to Viktor Andreevich on March 23, 1990. (hereinafter, the Respondent) money in the amount of 95,000 (ninety-five thousand) rubles.
On the same day, the Respondent compiled a receipt (attached to the lawsuit) dated June 20, 2019, according to which he undertakes to give the money until May 15, 2019.
The receipt is in the form of a simple written form, it was signed by me and the Respondent. When issuing the receipt, witnesses were present: Kranin, Arthur Stepanovich, born July 19, 1987. (Rostov-on-Don, 23a / 17 Solovetskaya St., tel. 97878987565), Ryzhaya Angelina Vyacheslavovna b. (Rostov-on-Don, pr. Pravda 15/97, tel .: 89765787878). These persons have certified the conditions of the receipt with their signatures on it and can confirm all the circumstances I have stated.
On the agreed date, which is also indicated on the receipt, namely by May 15, 2019, the Respondent refused to fulfill the obligation to pay the debt 95,000 rubles. As of today, the debt is not repaid by the Respondent.
An attempt was made to resolve the dispute without involving a court: on May 16, 2019 I sent a Respondent to the Respondent with a proposal to return the money peacefully (a copy is attached). The defendant ignored my offer.
At the moment, the maturity according to the receipt of May 15, 2019 is exceeded by Shmatko V.A. by 109 days. The penalty is: 95,000 / 360x109x8.25% \u003d 2373 rubles per day. For 109 days, the sum amounted to 109x2373 \u003d 258657 rubles. The amount of state duty paid by me amounted to 2850 rubles.
Considering the above, in accordance with Art. 807-811 of the Civil Code of the Russian Federation, Art. 3,131,132 Code of Civil Procedure of the Russian Federation
To recover in my favor with Shmatko Viktor Andreevich 03.23.1990 p. debt in the amount of 95,000 (ninety-five thousand) rubles., penalty for violation of the payment deadlines - 258,657 (two hundred fifty eight thousand six hundred fifty seven) rubles., fee 2850 (two thousand eight hundred fifty) rubles. and only 356,507 rubles.
The statement of claim for debt collection by receipt is a document allowing to exercise the right of claim from the debtor. The sample can be downloaded for free.
The troubles associated with collecting debts on receipts are of a long temporary nature. On this resource page you can download for free sample of a statement of claim for debt collection by receipt. The receipt has a unique evidentiary property, and is of great importance in settlements between counterparties. The claim for debt collection is based on this document drawn up by hand. The mandatory written, one-hand execution of the receipt allows the court to determine the accuracy of the information.
The procedure for filing and filing a claim for debt collection is not complicated. It is enough to have a written, correctly executed text from the debtor, a receipt on payment of the state duty and a copy of the statement of claim. The whole set is handed over to the appropriate court. After some time, the date of the meeting is determined. Summons and copies of papers are sent to the respondent and interested parties. The defendant has the right to file an objection or counterclaim, if there are grounds.
Obligatory clauses of the statement of claim for debt collection by receipt
:- At the top, on the right side, the name of the addressee is traditionally written;
- Below is the respondent’s own data and details;
- In the middle of the sheet is the name of the receipt of debt on receipt;
- The following are the circumstances of the case, the requirement, regulatory consolidation;
- At the end, you must indicate the list of attached papers;
- Date, signature, transcript.
Alimony debt can arise for a variety of reasons. Some parents deliberately do not pay child support, hoping that it will just get away with it, while others - consider the court decision illegal and are going to challenge it, others - are in a difficult situation. However, regardless of the reasons for the occurrence, the debtor is obliged to fulfill debt obligations. In addition, he must incur measures of liability for late payments - a fine and penalty, which will be charged on the amount of the debt. In some particularly “difficult” cases, even administrative or criminal liability measures.
If he does not do this on his own initiative, the recipient of the alimony payment has the right to apply to the court with a claim for debt collection. The law is on the side of the recipient of the alimony, since it concerns the needs of a minor child.
Grounds for filing a claim for the payment of debt on alimony
Before filing a claim for the recovery of maintenance debt, you need to make sure that you have legal grounds for this:
- A voluntary support agreement between the payer and the recipient;
- A court decision to pay child support or a court order;
- Prolonged or periodic non-payment of alimony;
- The formation of an impressive amount of debt for the entire period of non-payment;
- Lack of effective measures by the bailiffs to collect debts;
- Disagreement of the debtor with the size of the debt obligation.
So, if there is no decision or order of the court, if there is no voluntarily concluded alimony agreement between the payer and the recipient, there is no question of accumulating debt. But if the payer ignores the legal requirements for the payment of cash, the recipient has every reason to recover the debt through the court.
In addition, not only the collector, but also the debtor can file a statement of claim if the debt was formed during a period when, for good reason (illness, job loss, special family circumstances), he could not pay child support on time and in full. This will be discussed in more detail below.
When can I file a lawsuit?
The time period for applying to the court with a claim for the recovery of alimony debt is strictly regulated by law - the Family Code of the Russian Federation.
First of all, it should be said that you can go to court with a claim for the recovery of maintenance debt at any time during the period of maintenance obligations (until the child reaches the age of majority) with the addition of three years of the limitation period.
Consider the possible cases of accumulation and collection of maintenance debts, in which there are some differences in the timing and procedures:
- If an alimony agreement was not concluded, if a court decision or order was not issued, there was no voluntary payment of cash support. In this case, there is no talk of debt (since there is no legal basis for collecting child support), but it is possible to demand the collection of child support over the past three years.
- There was neither an alimony agreement, nor a decision or order of the court, but the payer of alimony made voluntary cash payments. In this case, there is no talk of any debt either, and you can recover child support only from the moment you go to court.
- If an alimony agreement was concluded, if a court decision or a court order was made, but the alimony payer did not fulfill the alimony obligations imposed on him, then the resulting debt can be recovered for all the time - from the moment the enforcement document comes into force - at least for a couple of months, at least for 18 years. It is only important that the documents are preserved - the basis for the recovery of cash payments and confirmation of the absence of payments.
However, if the alimony has good reasons for not paying alimony resulting in a debt, you can only recover the debt three years before filing the claim. For good reasons, which, of course, require documentary evidence in court, include:
- disability, severe illness;
- job loss, financial difficulties;
- adverse family circumstances.
If in the course of the trial it is established that the alimony payer could have avoided the accumulation of debt, the amount of the debt will be recalculated for the entire period, including a penalty (0.5% of the amount of the debt for each day of non-payment) and penalties.
Where should I file a lawsuit?
If, on the basis of one of the abovementioned executive documents, enforcement proceedings were opened, the work on the forced collection of payments and calculation of arrears should be carried out by officers of the bailiff service. It is with the FSSP that it is necessary to begin the procedure for collecting child support debt. Upon the application of the alimony recipient, the bailiffs will issue a certificate on how long and in what amount the debt on alimony has accumulated.
The certificate issued by the bailiffs is the main evidence of the maintenance debt. It should be attached to the statement of claim, which is filed with the magistrates court.
You can file a lawsuit with the court of your choice - at your own place of residence or at the place of residence of the payer of alimony. It is preferable that the lawsuit be considered by the same judge who initially issued the decision or issued an order to pay child support.
Who has the right to file a lawsuit?
As mentioned above, both the recipient of the alimony and the debtor can file a claim for the recovery of alimony debt. As a rule, it is the recipient who initiates the trial if the measures taken by the bailiff do not bring the necessary result, and the debt grows and is not paid off.
But in some cases, debtors also become the initiator of the trial. The reason for the debtor to file a lawsuit is disagreement with the amount of maintenance debt calculated by the bailiff without taking into account the good reasons for non-payment of funds, the intention to challenge the incorrect (overstated) amount of the debt or the unfair accrual of interest. If the debtor has evidence that the non-payment of alimony took place for a good reason, he should submit this evidence to the court. Based on the results of the consideration of the claim and the presented documents, the court will decide on the full or partial release of the debtor from the performance of debt obligations.
Sample Alimony Claims
In order for the statement of claim to be accepted and considered by the court, it must be drafted in accordance with the requirements of civil procedure legislation to the form and content of the claim. The statement of claim should contain the following ...
- The name of the court to which the lawsuit is filed;
- Data on the parties to the lawsuit (full name, date of birth, address, place of employment, contact phone number);
- Cost of claim (amount of maintenance debt);
- Information about the judicial document (decision or order) on the payment of alimony or on a voluntary alimony agreement;
- Information about in whose favor the money should be paid (full name, date of birth of the minor child);
- Information on the actual payment of alimony, on the length of the period of non-payment of alimony;
- Information on the amount of debt calculated by the bailiff (indicating the full name of the bailiff, the name of the SSP authority, the date and number of the decision on the calculation);
- If the plaintiff wants to challenge the amount of debt - it should indicate why he does not agree with the calculation, indicate the correct amount of debt, provide his own calculation and other supporting documents (checks, receipts, receipts);
- The requirement to the court is to collect alimony debt in a certain amount;
- List of applications;
- Date;
- Signature of the plaintiff.
Documents
The statement of claim must necessarily be supplemented with documents that confirm the circumstances of the case and serve as the basis for the presentation of claims. In the absence of documents, the claim will not be accepted by the court for consideration.
Consider which documents should be attached to the claim:
- Copies of the lawsuit (in the amount as many people take part in the trial);
- Copies of passports of the parties, birth certificates, marriage or divorce;
- Copy of the original court decision or order, alimony agreement;
- Copy of the decision of the bailiff on enforcement proceedings;
- Help of the bailiff on calculating the amount of debt;
- Inquiries (about income, health status);
- Other documents (receipts, receipts, checks, bank statements);
- A receipt confirming payment of state duty.
Judgment
How to collect a debt by receipt from an individual? If you have ever given someone a loan, then there is always fear of not getting your money. One of the means of guaranteeing the return of the debt is a receipt.
It is thanks to this document that in the hands will be evidence of the transfer of funds to the borrower, and, therefore, the opportunity to send to the court statement of claim for debt collection.
Appeal to the court represents the use of the judicial defense opportunity provided by the Constitution of the Russian Federation. The receipt in this case will constitute evidence of the existence of a concluded loan agreement and the fact of the transfer of funds.
In this article:
When it is necessary to go to court to return money by receipt
The application to the court is a written request to the defendant to repay the debt, in fact the return of the funds transferred under the loan agreement to the debtor.
The evidence attached to the claim is a loan agreement or a receipt on receipt of money.
Written execution is required subject to a loan between citizens for an amount exceeding 10 minimum wages, corresponding to the size adopted at the date of its signing (Article 808 of the Civil Code of the Russian Federation).
In the absence of a contract or a receipt when transferring money, the parties in the application for debt collection are not able to refer to witness statements.
Thus, the repayment of funds transferred to a loan can sometimes turn into a real problem for the lender.
How to repay a receipt
The receipt is a document that proves the fact of transferring money to the borrower.
Thus, it will be he who will show the existence of a loan agreement between citizens. The loan agreement itself is concluded from the moment the money transfer took place.
In order to return the funds it is not necessary to prepare a statement of return to the judiciary. It is likely that money will return without the application of such efforts.
If no return is due within the established deadline, then you should be puzzled by the preparation of a statement of claim for debt collection by receipt.
It is this document that can initiate litigation on the issue of debt collection. And the result of the review will be a decision to satisfy the applicant's requirements.
And if the debtor further refuses to return the money received under the loan agreement, the recovery will be carried out with the help of bailiffs.
How to write a statement of claim for debt collection between individuals
The statement of claim for debt collection by receipt is a fairly standard document. Basically, claims differ in the description of the personal data of the parties to the contract, the situation, time, place and terms for which the money was transferred.
It is this fact that facilitates the use of a sample of a statement of claim for debt collection in the preparation of documentation to initiate a trial.
On this site you can download a sample of a statement of claim for debt collection under a loan agreement prepared by a professional lawyer who regularly participates in the consideration of such cases by the courts.
So, the proposed document will take into account all the necessary nuances for this category of cases. And for sure, according to the results of the consideration of the claim for debt collection, the decision you need will be made.
Example of a claim for debt collection under a loan agreement
Basmanny District Court of Moscow
107078, Moscow, st. Kalanchevskaya, 11
Plaintiff: Volkova Alvina Vladimirovna
moscow, st. Vatutina, house 19
Tel 8 981 886-28-17
Defendant: Turchaev Rustam Faritovich
moscow, st. Zenith 16
The price of the claim: 219538 rubles
State duty: 5,395 rubles
Statement of claimon debt collection on receipt
October 26, 2016 Volkova Alvina Vladimirovna (plaintiff) borrowed Turchaeva Rustam Faritovich (defendant) money in the amount of 150 000 rubles. for 2 months. Which is documented. The receipt on borrowed money was drawn up in simple writing and signed by A. Volkova. and Turchaev R.F. Date of receipt of the receipt 10.26.2016
According to the receipt, the defendant took money for two months and pledged to return 210,000 rubles, i.e., December 26, 2017.
Thus, the period of delay in the repayment of the debt begins on December 27, 2016. However, at the prescribed time, the defendant did not return the money.
The plaintiff took measures of pre-trial settlement of the dispute, namely, on June 23, 2017, a claim was sent to the defendant's address, which he ignored.
In accordance with Art. 309 of the Civil Code, obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements, in accordance with the customs of business turnover or other usually presented requirements.
Unilateral refusal to fulfill an obligation and unilateral change of its conditions are not allowed (article 310 of the Civil Code of the Russian Federation).
By virtue of paragraph 1 of Article 307 of the Civil Code, the debtor is obliged to perform a certain action in favor of the creditor, in particular to pay money, and the creditor has the right to demand that the debtor fulfill his duty.
In accordance with paragraph 1 of Article 810 of the Civil Code of the Russian Federation, the borrower is obliged to return the money received to the lender at a time determined by the parties.
In accordance with the provisions of paragraph 2 of Article 808 of the Civil Code of the Russian Federation, a confirmation of a loan agreement may provide a receipt of the borrower, certifying the transfer of a certain amount of money by the lender.
Thus it should be recovered from the defendant the amount of debt in the amount of 210 000 rubles.
In accordance with paragraph 1 of Art. 811 of the Civil Code of the Russian Federation, in cases where the borrower does not repay the loan amount on time, interest is payable on it in the amount provided for in paragraph 1 of Art. 395 of the Civil Code of the Russian Federation, from the day when the debt was to be repaid, regardless of the payment of interest provided for in paragraph 1 of Art. 809 of the Civil Code of the Russian Federation.
The defendant was not supposed to return money in the amount of 210,000 rubles on December 26, 2017. Accordingly, the calculation of interest on the use of funds should be made from December 27, 2016.
The delay period from December 27, 2016 to June 14, 2017 (at the time of filing a lawsuit with the court) of the year is 170 days.
Interest amount: 9 538 rub. 39 kopecks (see Appendix. Calculation of interest on the use of funds).
Thus it is from the defendant must be recovered interest for the use of funds in the amount of 9 538 RUB. 39 kopecks
In accordance with paragraph 3 of Art. 395 of the Civil Code of the Russian Federation, interest on the use of borrowed funds is charged on the day the amount of these funds is paid to the creditor, unless a shorter period is established for the calculation of interest by law, other legal acts or an agreement.
Thus, interest for the use of funds from the amount of the principal debt in the amount of 210,000 rubles is recoverable from the defendant, for the period from June 15, 2017 to the day of actual payment.
Due to the fact that the defendant does not contact, the plaintiff is forced to go to court.
Based on the foregoing, I ask the court:
1) Collect from Turchaev Rustam Faritovich in favor of Volkova Alvina Vladimirovna, a debt in the amount of 210 000 rubles.
2) to recover from Turchaev Rustam Faritovich in Volkova Alvina Vladimirovna, interest on the use of funds in the amount of 9 538 rubles. 39 kopecks
3) To recover from Turchaev Rustam Faritovich in favor of Volkova Alvina Vladimirovna, interest on the use of funds from the amount of the principal debt in the amount of 210,000 rubles for the period: from the moment the lawsuit was filed with the court - June 15, 2017 until the day the debt was actually paid.
4) collect from Turchaev Rustam Faritovich in favor of Volkova Alvina Vladimirovna the state fee in the amount of 5,395 rubles.
Applications:
1) Receipt of payment of state duty.
2) A copy of the receipt for 210,000 rubles dated 12/26/2016.
3) Calculation of interest on the use of funds
5) Postal receipt (claim direction).
6) List of investments (claim direction).
Appendix No. 1.
Calculation of interest on the use of funds under art. 395 of the Civil Code
Debt | Delay period | Rate | Formula | Interest | ||
from | by | days | ||||
210 000.00 p. | 27.12.2016 | 31.12.2016 | 5 | 10,00 | 210,000.00 × 5 × 10% / 366 | 286.89 p. |
210 000.00 p. | 01.01.2017 | 26.03.2017 | 85 | 10,00 | 210,000.00 × 85 × 10% / 365 | 4 890.41 p. |
210 000.00 p. | 27.03.2017 | 01.05.2017 | 36 | 9,75 | 210,000.00 × 36 × 9.75% / 365 | 209.45 p. |
210 000.00 p. | 02.05.2017 | 14.06.2017 | 44 | 9,25 | 210,000.00 × 44 × 9.25% / 365 | 2 341.64 p. |
The amount of the main debt: 210,000.00 p. | ||||||
The amount of interest: 9 538.39 p. |
Total:The amount of interest on the use of funds is 9 538 rubles 39 kopecks.
Court Debt Collection Services
People tend to borrow and borrow money. After all, everything happens in life. However, over time, many forget about debt, despite having a handwritten receipt.
And then there is a need for debt collection. Judicial practice shows that this is not always easy. The way out in a difficult situation can be found with the help of a qualified lawyer.
Before starting work, the lawyer will analyze the entire situation in the complex and examine the receipt on receipt of funds in debt.
After that, further prospects will become clear. In many cases, it is advisable to file a claim with the debtor before filing a claim. This can save time and money for legal costs.
If the borrower does not want to give the received funds voluntarily, then the only way out is to go to court. Of course, a lawyer can attract law enforcement, and accusing the debtor of criminal acts.
However, practice shows that police rarely initiate criminal proceedings based on receipts.
In court, a lawyer will be able to recover not only the amount of the principal debt, but also the amount of interest for the illegal use of other people's money. The lawyer will give their reasonable calculation in the lawsuit.
Satisfaction of the claim does not mean that the debtor wants to part with the money voluntarily. Then the collection of debts from individuals by receipt will go to the stage of enforcement proceedings. And here the lawyer will accompany the work of the bailiffs.
Cash receipt on credit: legal force
Practice shows that success in collecting a debt largely depends on the correct preparation of a receipt. What should be in it?
Of course - this is the name of the document, as well as the date and place of its preparation. This is followed by information about the citizen who takes the money in debt and about the person providing the loan. Here you need to provide both the addresses of the parties and their passport data.
Next, you need to specify the loan amount (in numbers and words), the term of its return, as well as the amount of interest, if any. If the loan repayment term is not specified, then the debtor must first send a written request for payment of the due amount of funds.
Signing of the parties with a transcript of their initials should complete the receipt. If witnesses were present during the preparation of the debt document, then data on them should also be mentioned.
The loan can be issued by a notary. Then he will seal the bonds with his signature.
How to return money on receipt from an individual: questions and answers
People at all times lend money. Often, at the same time, relations are fastened only with an honest word. However, a friend, buddy, can fail and not return finances on time. As a result, relations deteriorate, conflict situations on household soil begin.
On the other hand, even having a receipt does not guarantee timely repayment of debt. Practice shows that errors, inaccuracies in the preparation of a debt document can lead to problems in the future.
Below we tried to collect the answers of lawyers to the most common questions that arise when collecting debt. In addition, specialists are often asked how to draw up a debt obligation. So.
What should be on the receipt
We agreed that I give my friend money on credit. What points of the receipt to pay special attention to? Is it enough to print a document on a computer or is it better to write it by hand?
Vitaliy, Moscow
First of all, you should specify the amount of the loan. At the same time, it is advisable to explicitly stipulate that the money is transferred precisely in debt, and not for any other needs. Judicial practice indicates that without specifying the purpose of their transfer, difficulties may arise.
On the computer, the current laws do not prohibit making the text of the receipt on receipt of funds in debt. However, it is better to draw it up by the debtor with his own hand in order to avoid claims of authenticity of the text and the signature itself from the recipient of the money.
If the receipt does not indicate the period for repayment of the debt
I gave a friend a loan, however, in the receipt we agreed not to indicate the loan repayment period. When can I ask for a loan from him.
Nikolay, Balashikha
Indeed, this error in receipts is common. Therefore, if you turn to the court now, with a greater degree of probability it can be argued that the lawsuit will not be satisfied. You need to do as follows.
Send your friend a letter requesting a refund. According to the legislation, this requirement must be fulfilled within 7 days. If during this week the funds are not returned, the right to sue arises.
How to prove the existence of debt, if there was no receipt
I gave my girlfriend a loan after her insistent requests. Receipts we did not make. Now she does not recognize the existence of a loan. What to do in this case?
Ksenia, Vnukovo
Of course, in such cases, returning your money is the most difficult. If witnesses were present during the transfer of funds, they can appear in court and confirm the necessary information.
Recording conversations with the borrower is also suitable. However, it can be used as evidence when the existence of debt is not denied.
If the debt order is canceled
I appealed to the court for a court order. Debt collection was required. At first, the justice of the peace took my side and issued a court order. However, then the debtor secured its cancellation. What should I do next?
Victor, Alabino
There is only one way in your situation - to bring a standard action against the debtor. In this case, it is necessary to check whether the limitation period for the recovery of the amount has not yet expired.
Another point is the state duty. It is calculated from the total amount of claims. This includes the main debt, interest accrued at the time of going to court.
In this case, the fee paid for the application by order is taken into account. A surcharge is just being made. The old receipt is attached to the lawsuit.
How to return a debt by receipt through the court, if the debtor does not give money on time
If the debtor refuses to return the money taken against receipt, what should I do? Do not know how to repay a debt on receipt? Then you went to the right site! We will inform you what to do in this case.
People quite often face such a problem. Realizing that instead of money, only a piece of paper on which something is written by hand, citizens, first of all, involuntarily ask themselves: “Is it made up correctly? Will a court accept a lawsuit to recover a debt by receipt? ”
These questions are natural, no one wants, so simply, to part with their money. And this is true. In this situation, you must defend your rights.
The procedure for collecting monetary debt by receipt through the court
So, the lender came to the conclusion that you can return the money only through the court? Then it is necessary to familiarize yourself with all the conditions that the law makes in order to file a statement of claim for debt collection by receipt.
It is immediately necessary to clarify the content and form of the receipt. Legislation does not establish any requirements. The conclusion follows from here - the document can be executed in any form.
In its spirit, a receipt for receipt of funds is a contract. In connection with this state of affairs, the receipt has legal force, with the exception of circumstances related to statutes of limitations.
And yet, based on the general provisions contained in the legislation, the contract, for its recognition as such, should include:
- place of signing the contract;
- parties to the contract;
- subject of the contract;
- date of conclusion of the contract;
- details of the parties.
Therefore, when drawing up a receipt, it is better to take into account our recommendations and do everything right. No one will guarantee that the debt will be repaid on time and will not have to go to court.
Jurisdiction Rules
Here, in many respects, the size of the amount and the territorial location of the debtor will play a decisive role.
And also the interest that needs to be indicated in the claim for the recovery of the amount of debt on receipt is also important. In addition, take into account the presence or absence of a commercial component.
Let's deal with the jurisdiction of the price (amount) of the claim.
If the total price of the claim is 50,000 thousand rubles or less, then you must go to the magistrate’s court. If this amount is exceeded, the application is submitted to the district court of general jurisdiction.
Now consider the territorial jurisdiction. This means going to court, depending on the registration of the defendant or at the place of conclusion of the contract (writing a receipt).
The next criterion is the commercial component. If the receipt indicated that the money was intended for a commercial project, and the parties to the loan are organizations and enterprises, then we turn to the arbitration court.
You must go there if the receipt was issued as a result of the economic ties of individual entrepreneurs.
The procedure for the preparation and filing of a statement of claim
Initially, you need to write a letter to the debtor with the requirement to fulfill the conditions of the receipt. It is necessary that he receive it personally in his hands. To do this, the claim is sent by mail, registered letter with notification or handed in person against signature.
If, no reaction to the demand for the return of the debt does not follow within 30 days, then you must go to court with a lawsuit.
The law imposes strict requirements on the form and content of this document. At the same time, violations committed while writing the application may become the basis for refusing to consider the merits of the case.
A very common mistake when filing a statement of claim is the lack of a receipt for the payment of state duty for debt collection on receipt. In order to avoid such moments, you need to clarify the details of the court and pay for it.
In addition, it is necessary to foresee in what order the case will be considered. If, the total amount of the debt does not exceed five hundred thousand rubles, you can apply for a court order. Then the case is considered in a simplified manner and does not require a personal presence in court.
As you can see, going to court requires some knowledge and skills, so consultation with our specialist will not hurt. Call us.
But if you nevertheless decided to act in person, then a sample of a claim for debt collection by receipt can be downloaded on our website.
Obtaining an executive document
The time frame for obtaining a writ of execution depends on the order in which the proceedings took place.
After a court decision is made, it is necessary to wait for its entry into force. If, the case was considered by the court in the general manner, then the writ of execution is received only after a month. This time is given to appeal the decision of the court of first instance.
When the court session was held in a simplified manner, the court order may be issued to the claimant, after ten days from the date of proper notification of the debtor, about the existence of such a document in relation to him.
Attention is important! Proper notification of the debtor may be delayed. In addition, there is a risk of cancellation of the court order.
Since, the court will try to notify the debtor by mail. And based on the fact that, quite often, people do not live at the address of permanent registration, the notification may not be received. To speed up the process, it is necessary to take this issue under control.
Enforcement proceedings and general findings
After receiving a writ of execution, the bailiffs should intervene in the case. Through their actions, the requirements established by the court are ensured. In our case, this is a compulsory collection of debts from individuals by receipt.
The recoverer must remember that he has the right to provide all possible assistance to the bailiff. For example, by providing information on the actual location of the debtor, his place of work, indicate the presence of property that can be used to pay off the claim.
In conclusion, we draw attention to the complexity of the entire process of repaying money debt. This procedure will require the lender increased attention, composure and a huge amount of knowledge. In addition, it is also such an expensive time in our world.
To avoid all these difficulties, use the services of a law firm. Do not pay attention to the price of services provided. Indeed, in the end, the court will transfer the debtor's case to the loser.
Receipts and latest court practice
A rather interesting decision of the Supreme Court was made public several years ago. It dealt with the question: is it possible to collect a debt without a loan agreement if there is only a receipt on hand.
In the framework of the dispute, the plaintiff appealed to the court with a request to recover money from the opponent, providing only debt receipts.
However, the first and second instances refused the claim, citing the fact that between the parties there was no loan agreement. The Supreme Court intervened in the case, which quashed all previous decisions.
In its decision, it is noted that the receipt is sufficient evidence of the existence of a loan. And the defendant must prove the opposite.
Thus, having only a receipt in hand, it is possible to recover money from a debtor in a judicial proceeding.
If you should contact us, we know how to solve your problems!