Statement of claim for the recovery of funds on receipt with interest. Statement of claim for debt collection by receipt - rules for drawing up
How to collect a debt on a receipt from an individual? If you have ever lent someone, then there is always a 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 evidence of the transfer of funds to the borrower will be in the hands, and, consequently, the opportunity to send to the court statement of claim for debt collection by receipt.
Going to court is the use of the possibility of judicial protection provided by the Constitution of the Russian Federation. In this case, the receipt will be proof of the existence of a concluded loan agreement and the fact of transfer Money.
In this article:
When you need to go to court to return money on receipt
An application to the court is a written demand for the defendant to return 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 receipt of money.
Writing is required subject to the implementation of a loan between citizens for an amount exceeding 10 minimum wages, corresponding to the size adopted on the date of its signing (Article 808 of the Civil Code of the Russian Federation).
In the absence of an agreement or receipt when transferring money, the parties in the application for the collection of the debt are not able to refer to the testimony of witnesses.
Thus, the return of the loaned funds can sometimes turn into a real problem for the lender.
How to repay a debt on a receipt
A 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 when the transfer of money took place.
In order to return the money, it is not necessary to prepare an application for the return in judicial authorities... It is likely that the money will return without such an effort.
If in set time there will be no return, 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 legal proceedings on the issue of debt collection. And the result of consideration will be a decision to satisfy the applicant's requirements.
And if the debtor refuses to return the money received under the loan agreement in the future, the collection will be carried out with the help of bailiffs-executors.
How to write a statement of claim for debt collection by receipt between individuals
Statement of claim on debt collection by receipt is a fairly standard document. Basically, the 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 circumstance that facilitates the use of a sample of a claim for debt collection in the preparation of documentation for initiating a lawsuit.
On this site you can download a sample statement of claim for debt collection under a loan agreement, which has been prepared by a professional lawyer who regularly participates in the consideration of such cases by the courts.
This means that the proposed document will take into account all the necessary nuances for this category of cases. And surely, based on 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
Claim price: 219,538 rubles
State duty: 5 395 rubles
Statement of claimon debt collection by receipt
On October 26, 2016 Volkova Alvina Vladimirovna (the plaintiff) borrowed Rustam Faritovich Turchaev (the defendant) money in the amount of 150,000 rubles. for 2 months. Which is documented. The receipt of receipt of funds in debt was drawn up in a simple writing and signed by A.V. Volkova. and Turchaev R.F. Date of drawing up the receipt 10/26/2016
According to the receipt, the defendant took the money for two months and pledged to return 210,000 rubles, that is, on December 26, 2017.
Thus, the period of delay in debt repayment begins on December 27, 2016. However, the defendant did not return the money in due time.
The plaintiff took measures for the 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 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 of the Russian Federation, 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 obligation.
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 within the time frame specified by the parties.
According to the provisions of paragraph 2 of Article 808 of the Civil Code of the Russian Federation, in confirmation of the loan agreement, a receipt from the borrower can be presented, certifying that the lender has transferred a certain amount of money to him.
Thus, the amount owed in the amount of 210,000 rubles should be recovered from the defendant.
In accordance with paragraph 1 of Art. 811 of the Civil Code of the Russian Federation, in cases where the borrower does not return 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 returned, 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 the money in the amount of 210,000 rubles on December 26, 2017. Accordingly, the calculation of interest for 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 claim with the court) of the year is 170 days.
Interest amount: 9,538 rubles. 39 kopecks (see Appendix. Calculation of interest for the use of funds).
Thus, the defendant must be charged 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 other people's funds is charged on the day of payment of the amount of these funds to the creditor, if by law, otherwise legal acts or the contract does not establish a shorter period for calculating interest.
Thus, the defendant is subject to the collection of interest for the use of funds from the principal amount of 210,000 rubles for the period from 06/15/2017 to the date of actual payment.
Due to the fact that the defendant does not get in touch, 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 of 210,000 rubles.
2) Collect from Turchaev Rustam Faritovich in Volkova Alvina Vladimirovna, interest for the use of funds in the amount of 9,538 rubles. 39 kopecks
3) Collect from Turchaev Rustam Faritovich in favor of Volkova Alvina Vladimirovna, interest on the use of funds from the principal amount of 210,000 rubles for the period: from the moment of filing a claim with the court - June 15, 2017 until the day of actual payment of the debt.
4) To collect from Turchaev Rustam Faritovich in favor of Volkova Alvina Vladimirovna a state duty in the amount of 5 395 rubles.
Applications:
1) Receipt of payment state duty.
2) A copy of a receipt for 210,000 rubles dated December 26, 2016.
3) Calculation of interest for the use of funds
5) Postage receipt (filing a claim).
6) Inventory of the attachment (filing a claim).
Appendix # 1.
Calculation of interest for the use of funds under Art. 395 of the Civil Code of the Russian Federation
Debt | Delay period | Bid | Formula | Interest | ||
With | on | days | ||||
RUB 210,000.00 | 27.12.2016 | 31.12.2016 | 5 | 10,00 | 210,000.00 × 5 × 10% / 366 | 286.89 RUB |
RUB 210,000.00 | 01.01.2017 | 26.03.2017 | 85 | 10,00 | 210,000.00 × 85 × 10% / 365 | RUB 4,890.41 |
RUB 210,000.00 | 27.03.2017 | 01.05.2017 | 36 | 9,75 | 210,000.00 × 36 × 9.75% / 365 | RUB 2,019.45 |
RUB 210,000.00 | 02.05.2017 | 14.06.2017 | 44 | 9,25 | 210,000.00 × 44 × 9.25% / 365 | RUB 2,341.64 |
Principal amount: RUB 210,000.00 | ||||||
Interest amount: RUB 9,538.39 |
Total: The amount of interest for the use of funds is 9,538 rubles 39 kopecks.
Debt collection services on receipt in court
People tend to lend and borrow money. After all, anything can happen in life. However, over time, many forget about the debt, despite the presence of a handwritten receipt.
And then there is a need for debt collection. Judicial practice shows that this is not always easy. Exit to difficult situation can be found with the help of a qualified lawyer.
Before starting work, the lawyer will analyze the whole situation in the complex and examine the receipt of 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 fees.
If the borrower does not want to give the funds received voluntarily, then the only way out will be to go to court. Of course, a lawyer can involve law enforcement agencies and accuse the debtor of criminal acts.
However, practice shows that the police rarely initiate criminal cases on the basis of receipts.
In court, a lawyer will be able to collect 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 bring them a reasonable calculation in the claim.
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.
Receipt of receipt of funds in debt: legal force
Practice shows that success in debt collection largely depends on the correct preparation of the receipt. What should be in it?
Of course, this is the name of the document, as well as the date and place of its compilation. This is followed by information about the citizen who borrows money 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 indicate the amount of the loan (in numbers and in words), the period for its repayment, as well as the amount of interest, if any. If the loan repayment period is not specified, then the debtor must first send a written demand for the payment of the due amount of funds.
The signatures of the parties with the decryption of their initials must complete the receipt. If witnesses were present when drawing up the debt document, then the data about them should also be mentioned.
Loans can also be obtained from a notary. Then debentures he will affix his signature.
How to get money back on a receipt from an individual: questions and answers
People at all times lent money. Often, in this case, the relationship is sealed only by word of honor. However, an acquaintance, a friend, may fail and not return finances on time. As a result, relations deteriorate, conflict situations begin on a domestic basis.
On the other hand, even the presence of a receipt does not guarantee the timely repayment of the debt. Practice shows that mistakes, inaccuracies in drawing up a debt document can lead to problems in the future.
Below we tried to collect answers from lawyers to the most common questions that arise when collecting debt. In addition, experts are often asked how to properly draw up a debt obligation. So.
What should be on the receipt
We agreed that I would lend money to my friend. What points of the receipt should you pay special attention to? Is it enough to print the document on a computer, or is it better to write it by hand?
Vitaly, Moscow
First of all, you should agree on the amount of the loan to be provided. 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 shows that without specifying the purpose of their transfer, difficulties may arise.
On the computer applicable laws do not prohibit making the text of a receipt on receipt of funds in debt. However, it is better for the debtor to draw up it with his own hand in order to avoid claims of the authenticity of the text and the signature itself on the part of the recipient of the money.
If the receipt does not indicate the deadline for repayment of the debt
I gave a loan to a friend, but we agreed not to indicate the loan repayment date on the receipt. When can I demand a loan from him.
Nikolay, Balashikha
Indeed, this mistake is often encountered in receipts. Therefore, if we go to court now, it is more likely that the claim will not be satisfied. You need to proceed as follows.
Send your friend a letter demanding the return of the money received. According to the legislation, this requirement must be fulfilled within 7 days. If the funds are not returned within a given week, the right to file a claim arises.
How to prove the existence of a debt if there was no receipt
I lent my friend money after her persistent requests. We did not draw up receipts. Now she does not recognize the existence of the loan. How to proceed in this case?
Ksenia, Vnukovo
Of course, in such cases, getting your money back is the most difficult. If witnesses were present during the transfer of funds, they can speak at the trial and confirm the necessary information.
Recording of conversations with the borrower is also suitable. However, it can be used as evidence when the existence of debt is not denied.
If you canceled the debt order
I applied to the court for a court order. The debt was collected by receipt. First, the magistrate took my side and issued an order. However, then the debtor succeeded in having it canceled. What should I do next?
Victor, Alabino
There is only one way in your situation - to file a standard claim against the debtor. In this case, you need to check whether the term has yet expired limitation period to collect the amount.
Another point is the state duty. It is calculated from the total amount of the 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. Just a surcharge is being made. The old receipt is attached to the claim.
How to repay a debt on receipt through the court if the debtor does not give the money on time
If the debtor refuses to return the money taken against receipt, what to do? Don't know how to repay a debt on a receipt? Then you've come to the right site! We will inform you how to proceed in this case.
People quite often face this problem. Realizing that instead of money, there is only a piece of paper on which something is written by hand, citizens, first of all, involuntarily ask themselves: “Is it drawn up correctly? Will the court accept a claim for debt collection on receipt? "
These questions are natural, no one wants, just like that, to part with their money. And this is true. In this situation, you need to defend your rights.
The procedure for collecting a monetary debt by receipt through the court
So, the lender came to the conclusion that you can only return the money through a court? Then you need to familiarize yourself with all the conditions that the law sets 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. The legislation does not establish any requirements. Hence the conclusion follows - the document can be drawn up 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 the statute of limitations.
And yet, proceeding from general provisions contained in the legislation, the contract, for its recognition as such, must include:
- place of signing the contract;
- parties to the contract;
- subject of the contract;
- the date of the 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 you 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 to recover the amount of debt according to the receipt matters. In addition, the presence or absence of a commercial component is taken into account.
Let's look at the jurisdiction of the price (amount) of the claim.
If the total cost 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 let's look at 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 commercial project, and the parties to the loan are organizations and enterprises, then we apply to arbitration court.
You must also apply there if a receipt was issued as a result of economic ties individual entrepreneurs.
The procedure for drawing up and filing 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 received it personally. To do this, the claim is sent by mail, by registered mail with notification, or delivered in person against signature.
If, no reaction to the demand for the return of the debt follows within 30 days, then you need to go to court with a claim.
The law imposes strict requirements on the form and content of this document. In this case, violations committed when writing an application may become the basis for refusing to consider the case on the merits.
A very common mistake when filing a statement of claim is the absence of a receipt for payment of state duty for collecting a debt on a receipt. To avoid such moments, you need to clarify the details of the court and pay for it.
In addition, it is necessary to anticipate the order in which the case will be dealt with. 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 a consultation with our specialist will not hurt. Call us.
But if you nevertheless decided to act personally, then a sample of a claim for debt collection by receipt can be downloaded on our website.
Obtaining a writ of execution
Terms of receipt executive document, depend on the order in which the proceedings took place.
After the court's decision is made, it is necessary to wait for it to come into legal force. If, the case was considered by the court in general order, then the writ of execution is received only after a month. This time is given to appeal against the decision of the court of first instance.
When the court session took place in a simplified manner, the court order can be issued to the recoverer, after ten days from the date of the proper notification of the debtor about the existence of such a document in respect of him.
Attention, important! Adequate notification of the debtor can be delayed. In addition, there is a risk of the court order being canceled.
Since, the court will try to notify the debtor by mail. And proceeding from the fact that, quite often, persons do not live at the permanent registration address, the notification may not be received. To speed up the process, it is necessary to take control of this issue.
Enforcement proceedings and general conclusions
After receiving writ of execution, should intervene in the matter bailiffs... Through their actions, the fulfillment of the requirements established by the court is ensured. In our case, it is a compulsory collection of debts from individuals by receipt.
The claimant must remember that he has the right to provide all possible assistance to the bailiff. For example, by providing information about 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 would like to draw your attention to the complexity of the entire process of returning the money debt. This procedure will require increased attention, concentration and a huge amount of knowledge from the lender. In addition, it is also such a precious time in our world.
To avoid all these difficulties, use the services of a law firm. Do not pay attention to the price of the services provided. Indeed, in the end, the court will shift the debtor's case to the loser.
Receipts and latest jurisprudence
A rather interesting decision of the Supreme Court was published several years ago. It concerned the question: is it possible to collect a debt without a loan agreement, if there is only a receipt on hand.
As part of the dispute, the plaintiff went to court with a demand to recover money from his opponent, providing only IOUs.
However, the first and second instance rejected the claim, arguing that there was no loan agreement between the parties. The Supreme Court intervened and overturned all earlier decisions.
Its ruling notes that the receipt is sufficient evidence of the existence of the loan. And it is the defendant who must prove the opposite.
Thus, having only a receipt in hand, you can legally collect money from the debtor.
If you should, please contact us, we know how to solve your problems!
According to the procedural code, the lender has the right to initiate the procedure for the return of debts that he could not return as a result of out-of-court negotiations with the borrower. For an ordinary citizen, a debt is a certain amount transferred to relatives or friends and not returned back within the agreed time frame.
The underlying reasons for the formation of debt obligations are varied. They are a consequence of relations of a financial and legal nature established between persons (entities). It turns out that debt is the result of the failure of one of the parties to fulfill the obligations assumed, noted in the concluded contract, agreement or agreement.
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A similar situation arises when one of the parties to the agreements does not perform previously agreed actions (making a payment) in favor of the opposite party to the agreement. This also applies to those times when the result of a breach of the contractual conditions is harm or damage to the creditor.
The largest number of claims are filed with the judicial authorities demanding compensation for debts arising from the following:
- failure by the borrower to take action to return funds (loans);
- non-payment of lease payments;
- failure to pay for goods, services rendered, work performed;
- violations of any terms of the contract, etc.
Possible claims of the plaintiff
Coming into action loan agreement governed by Art. 807 Civil Code RF. It occurs at the moment when one of the parties in relation to the other makes a transfer of values.
It turns out that between people, one of whom gave money to his friend under previously agreed conditions of return, and the other accepted them, material and legal relations have already begun. The loan agreement became effective between the parties who entered into it.
In the event of a transaction for an amount exceeding 10 times the minimum wage, participants must formalize a relationship with a receipt. The same rule should be followed when, when drawing up a loan agreement, the interests of one of the parties are represented by a lawyer.
The borrower is obliged to fulfill its obligations to repay the debt in accordance with Art. 810 of the Civil Code of the Russian Federation. The application of fines in connection with violation of the periods of return is regulated by article 811 of the same code.
In the process of going to court, the plaintiff in the application may demand not only to reimburse the amount of the loan issued, but also to accrue interest to the defendant for the delayed time
Important information
To recover the debt from the defendant and apply penalties, the plaintiff applies in writing to the court dealing with civil cases. The submitted application must comply with Article 131 of the Civil Procedure Code of the Russian Federation.
The lawsuit provides such important information:
- the name of the judicial authority to which the applicant applies;
- Full name of the applicant or the person representing him, the address of registration or residence;
- Full name of the borrower, address data (in the case of a statement of claim for debt collection under a work contract to a legal entity, you must provide the full name of the enterprise or firm, the actual and legal address);
- the full amount of debt with the corresponding calculations;
- a list of documents confirming the claim.
In the text of the application, the plaintiff must clearly and conclusively reflect the essence of the case, describe all the circumstances as a result of which the debt arose, and also indicate the measures taken to resolve the issue without going to court.
The data stated in the application must be confirmed by the relevant documents or, in the case of a transaction without a receipt, by the testimony of witnesses. This is done in order to prove in the course of the proceedings the fact of the debt and its non-return by the defendant.
Under the statement in mandatory must be signed by the plaintiff himself, his official representative or authorized representative.
Required documents
The list of documents for drawing up a claim and submitting it to the court is established by Article 132 of the Civil Procedure Code of the Russian Federation.
It includes:
- a copy of the claim (if the defendant is not one, then several copies);
- a document to confirm payment of the state duty;
- papers proving the fact of the appearance of debt that has not been eliminated;
- documents serving as evidence of the actions taken by the plaintiff to return the amount of the debt (their provision is necessary if it is specified in the terms of the contract or regulated by law);
- data on the calculations of the amount of the claim, which includes the amount of debt, the calculated interest for the period of delay, as well as court costs;
- if the interests of the plaintiff in the proceedings are represented by another person, then the corresponding power of attorney.
Sample statement of claim for debt collection
The litigation process requires an understanding of various legal aspects.
For the correct preparation of a package of documents, its formation and subsequent submission, if there is no desire to delve into all the nuances, it is better to contact a professional lawyer. This will help save time and prevent errors and inconsistencies.
In addition, all monetary costs incurred for these purposes can be reflected in the claims, for which they must be confirmed with appropriate documents.
All court cases have their own individual characteristics. It is unrealistic to take them all into account. Therefore, it is not possible to create a universal application form that is suitable for every case.
However, you can give a generalized example of a statement of claim for debt collection:
To the Oktyabrsky District Court of Belgorod
Plaintiff: Andrey Viktorovich Artamonov
Address: Belgorod, st. Plekhanov, 9, apt. 2
Defendant: Ivan Sergeevich Lukashev
Claim price: 237,000 (two hundred thirty-seven thousand) rubles
Statement of claim
on reimbursement of debt obligations under a loan agreement
On September 30, 2019, the defendant asked me to lend him funds for total amount 217,000 (two hundred seventeen thousand) rubles. We discussed the terms of the loan, and I said yes. The next day, October 1, 2019, I personally transferred the indicated amount into the hands of the borrower, which was reflected in the receipt drawn up by I.S. Lukashev. The refund, according to the terms of the agreement, was supposed to take place on October 1, 2019. This is also reflected in the receipt.
Citizen I. Lukashev did not fulfill the terms of the loan, he did not return the money to me within the agreed period. As a result, the defendant has a debt to me. I made repeated attempts to get the defendant to repay the debt on a voluntary basis, repeatedly asked and reminded him of this. However, these actions did not lead to a positive result. The defendant motivated his refusal to fulfill the terms of the loan by the lack of funds. In connection with the above, I had to resort to going to court with a statement of claim to return the debt.
In connection with the given data and in accordance with Art. 807, 808, 810 of the Civil Code of the Russian Federation and Art. 131, 132 of the Civil Procedure Code of the Russian Federation, please:
oblige citizen Ivan Sergeevich Lukashev to return the borrowed funds in the amount of 217,000 (two hundred seventeen thousand) rubles and accrued interest for using the loan in the amount of 20,000 (twenty thousand) rubles.
Everything legal costs incurred by me as a result of the consideration of the case, to assign to the defendant.
I am attaching the following documents (6 sheets):
- copy of the statement of claim - 1 copy;
- receipt gr. IS Lukashev on receipt of funds from me (copy) - 2 copies;
- calculation of the amount of accrued interest for the use of the provided money - 2 copies;
- original receipt for payment of state duty - 1 copy.
Debt collection from inheriting persons
As the legal practice shows, it is not uncommon for the person who took out the loan to die before the debt is repaid. How to be in such a situation and what to do to get your funds back?
In such cases, the debt can be obtained from the heirs, who will take over the ownership. It is only worth contacting them with your claims for debt reimbursement no earlier than through 6 months... This time is necessary for people to declare their rights and enter into the right of inheritance. If the heir renounces his rights, then there will be no one to demand the return of the amount of the debt.
When all the formalities have been met, the creditor can file his claim. It must indicate when and for what amount the debt arose, according to which document the money was issued. It is also necessary to provide a document showing that the borrower did not fulfill the debt obligations during his lifetime. The claim is forwarded to the heirs. It is imperative to use a notification letter to provide this document to the court, if necessary.
Further actions are similar to those described above. The statement of claim should be filed with the court in a month. With a positive outcome of the trial, after 10 days, you can take judgment and take it to the executive service.
If the heirs refuse to inherit, all the property of the deceased becomes the property local authority self-government. The procedure in this situation is the same: a claim is filed for the elimination of the debt to the new inheritor, in case of refusal, a claim is prepared in court.
You can declare your rights to repay the debt before the end 6 month term. In this case, the claim should be sent to the notary in charge of the inheritance case. He, in turn, informs the heirs about the presence of a debt and that the required amount will be claimed from the value of the property of the deceased.
from 31/12/2018
The problem of returning overdue debt is resolved through the court, for this you need a statement of claim to collect the debt under the loan agreement. After all, the preparation of such a claim is the most optimal and legal way return of your funds. And more and more people understand the need to draw up at least a receipt when transferring funds as a loan. But not knowing the nuances of considering cases, they are afraid to go to court.
No written loan agreement? Do not worry. The absence of a document that would spell out all the conditions of the obligation, the timing of the return of borrowed funds, etc., will not be an obstacle for. In such cases, only a receipt is required. When individuals entered the loan relationship.
A statement of claim on the collection of a debt under a loan agreement, if there is evidence of receipt of funds and their non-return, is drawn up quite simply. As always, the nuances are below, additional questions can be asked to the duty lawyer of the site.
An example of a statement of claim to collect a debt under a loan agreement
To the Gubkinsky city court
Belgorod region
Gubkin, Dzerzhinsky Avenue,
d. 31, apt. 29,
address: 309181, Belgorod region,
Gubkin, st. Nikitina, 123
On September 18, 2020, I and the defendant, Daria Sergeevna Butova, entered into a loan agreement by drawing up a written receipt. In accordance with the terms of the contract, I gave the defendant cash in the amount of 50,000 rubles. The term for the repayment of funds was established by a receipt - until 01.11.2020 at 10% monthly (120% per annum) until the date of the actual repayment of the debt. Penalties for non-return were not established by the agreement. The funds under the agreement were transferred to the defendant on the day of its conclusion - September 18, 2020.
So far, the Defendant has not returned the amount of the debt. In accordance with Art. 810 of the Civil Code of the Russian Federation, one of the main obligations of the borrower under the loan agreement is the return of funds for violation of the term of Art. 811 of the Civil Code of the Russian Federation establishes liability in the form of payment of interest, the amount of which is determined according to the rules of Art. 395 of the Civil Code of the Russian Federation. The interest rate is determined by the key rate of the Bank of Russia in effect in the respective periods.
Thus, the amount of debt of Butova D.S. as of 18.12.2020 is 60 646 rubles. 25 kopecks
Based on the above, guided by art. 12, 807, 810, 811 of the Civil Code of the Russian Federation, Art. 131-132 Code of Civil Procedure of the Russian Federation,
- To collect from Butova Daria Sergeevna in my favor cash in the amount of 60 646 rubles. 25 kopecks, including 50,000 rubles. as the principal amount under the loan agreement, 10,000 rubles. as interest under the contract, 646 rubles. 25 kopecks as interest for the use of other people's funds.
Appendix:
- Copy of the statement of claim
- Receipt of payment of state duty
- A copy of the receipt of funds
- Debt calculation
Bulatsky S.E. 12/18/2020
The nuances of a claim for debt collection under a loan agreement
The general rules for a loan agreement are quite simple. One party transfers money to the other (there is also a loan of things, but we will not consider it separately). It is assumed that the borrower pays interest for the use of funds. But if the loan amount is not more than 100,000 rubles. and individuals enter into the deal. person, it is assumed to be interest-free. Unless otherwise specified in the contract or, for example, in the receipt. In all other cases of a cash loan, interest payable will be required. Even if nothing is specified in the agreement on this issue. To avoid their payment, when describing the terms of the contract (including in the receipt), you must directly indicate - no interest.
The refund period is usually indicated in the contract or receipt. If not, this does not entail its invalidity: the borrower is obliged to return the money before the expiration of 30 days from the date of receipt of the request for this.
The obligations of the parties to the agreement arise from the moment the funds are transferred, therefore, the transfer itself must be issued with a receipt. Or at least do it in front of witnesses. It is preferable, nevertheless, to draw up a simple agreement in which the conditions are prescribed: amount, term, interest, sanctions for violation of the payment deadline.
You can challenge the contract, in addition to common grounds invalidity of transactions, proving his lack of money. That is, to prove the fact that the money was not received. This argument is often used in.
How to draw up and file a claim for debt collection under a loan agreement
The claim is drawn up taking into account general requirements... The text describes and is confirmed by the available evidence the following circumstances: the conclusion of the contract and its form (written, receipt, witnesses, etc.), sum of money, transferred under a loan agreement, failure to fulfill the obligation to return the funds.
Copies of the agreement (receipt) and the calculation of the debt (or indicate it in the text), which will constitute the price of the claim, are attached to the statement of claim. You can ask to call the court witnesses who can confirm the information set forth in the claim. The originals of the documents must be presented at the hearing.
It is customary to lend money to friends, relatives and good acquaintances on trust without drawing up an IOU.
Non-refund of money happens quite often and the creditor has to collect any evidence of their transfer to protect their rights. Everything should be recorded - from SMS and video recording of conversations with the debtor.
What it is?
In the presence of trusting relationships between people, for example, friends or relatives, a loan is often used "on parole", that is, without an elementary debt receipt. If it comes about large amounts, and persuasion to return voluntarily does not help, then you need to contact the police and (or) the court.
In addition to written contracts, there is also a category of oral transactions. This concept is described in article 159 of the Civil Code of the Russian Federation. A loan agreement without writing a receipt can be attributed to a similar category of transactions. The direct transfer of money to the borrower will be considered the fact of the conclusion of the agreement.
A claim to collect a debt without a receipt means the procedure for returning such a loan through a court. This is possible, but it is necessary to collect a detailed evidence base. The real obstacle to getting your money back will be in the case when the defendant can prove the lack of money in the transaction. It is not uncommon for the borrower to prove that the money was given to him free of charge.
Is it possible to collect a debt without a receipt, contract and witnesses?
The situation when money is borrowed without documentary evidence is much more difficult from the point of view of the prospects of returning it through the courts.
The fact that there are no witnesses or witnesses in the form of the creditor's relatives only complicates the case. But from the point of view of the law and judicial practice it is possible to get your money back.
There are at least three legal options for this:
- Peaceful agreement;
- Writing a claim (claim) to the debtor;
- Reporting fraud to the police;
- Submission of a claim to the courts.
Some advise using the services collection agencies but they often use semi-legal methods to get their money back. This can turn into serious problems for the lender, so it is better to use civilized methods within the framework of the law.
Peaceful agreement
If the person to whom the money is lent is really in a difficult situation, then it is better to try to negotiate peacefully. For example, negotiate the return of the borrowed amount in fractional parts that are feasible for the borrower.
If necessary, you can visit a notary and fix a new return schedule by a notary. It would be prudent to invite witnesses and conduct a conversation about fractional debt repayment in front of them. This can serve as strong evidence in the future.
Writing a claim
After oral persuasion, you should use the direction of the debtor's claim (). The fact of its writing can not only convince the debtor to repay the debt, but also serve as arguments in court. The claim should be sent by registered mail with notification or delivered in person against signature.
In case of non-return, the borrower is waiting for the case to be examined by the police and the court. Moreover, in addition to the main debt, he will have to pay a fine for the misuse of other people's money and a state duty for filing a property claim.
Reporting to the police
If the debtor ignores requests for debt repayment, the borrower has the right to go to the police with a statement. According to paragraph 1 of Article 159 of the Criminal Code of the Russian Federation, the seizure of the right to another's property by deception and abuse of trust is considered fraud.
What must be indicated in the application:
- the circumstances under which the amount of money was borrowed - the goals, terms and other conditions of the oral agreement;
- exact place and time of transfer of money;
- persons who were present at the conclusion of the transaction;
- the debtor's personal data;
- description of all attempts at peace negotiations, writing of a claim and reaction to it, etc .;
- any evidence of the transfer of money;
- a request for verification for corpus delicti.
Upon receipt of a refusal to initiate a criminal case, one should proceed to the next measure - filing a claim.
Video: How to do
Writing and filing a statement of claim for debt collection without a receipt
The composition of such a statement is no different from the usual claim for collection under a loan agreement. Only in this case, the loan agreement was concluded orally.
- the name of the judicial authority;
- Name and actual address and registration of the plaintiff;
- Full name and actual address and registration of the defendant;
- Title of the document;
- a description of the circumstances under which the money was given, as well as under what conditions;
- formulation of requirements - to return debt, interest (forfeit) and state duty;
- calculation of the cost of the claim;
- list of applications;
- date of compilation and signature with decryption.
In the list of applications, you must provide the entire evidentiary base, as well as a receipt for payment of the state duty, the calculation of the cost of the claim, as well as a copy of the statement of claim for the defendant.
The cost of the claim
The law limits the amount that can be collected without a receipt - it should be no more than 10 minimum wages. At larger amount written proof of the loan is required and a verbal agreement is not valid as a basis for a refund.
Minimum wage ( minimum size wages) is reviewed annually by the statistics service.
The cost of the claim consists of the following components:
- main debt;
- interest for the use of money (if there was such an agreement);
- interest on arrears.
Oral contracts usually do not talk about interest for the use of money. But the penalty for unlawful withholding of other people's money (in case of delay) is provided for by Article 395 of the Civil Code of the Russian Federation. The basis for their calculation is key rate Central Bank.
Formula for calculating the penalty (percent):
Interest amount = Overdue debt amount × Central Bank rate / 360 × Days in arrears.
The rate of the Central Bank can be changed by the judge for a fairer one, if during the period of delay it made big jumps.
Proof
The provision of the maximum amount of evidence will be a decisive factor in the litigation, since there is no main document, namely the contract.
The following facts can be attributed to evidence:
- video recording of negotiations;
- audio recordings of telephone conversations where the borrower acknowledges his debt;
- printed and notarized correspondence on the Internet;
- a certificate from the telecom operator that the number holder of this phone number is the respondent;
- a copy of the claim and the fact of its delivery;
- other evidence.
Where to serve
Since this is a deal between individuals, then the place of filing depends only on the value of the claim.
The statement of claim should be submitted:
- for an amount of 50 thousand rubles or more - to the magistrate;
- over 50 thousand rubles - to the district court.
It should be noted that the claim for reimbursement of the state duty is not included in this amount. The statement of claim according to the law is filed at the place of residence of the defendant.
Arbitrage practice
Judicial practice can be considered with an illustrative example. Citizen N (claimant) transmitted by money transfer to another citizen Z (the defendant) the amount of xxxx rubles.
By verbal agreement, the money was transferred to buy a car for the plaintiff. But after xx months, the defendant did not take any action to acquire and transfer the car, he also does not return the money.
The defendant, represented by citizen Z, does not deny that he received the money, but claims that it was given to him for transfer to third parties. The plaintiff filed a statement of claim with a request to return the money, forfeit for using other people's money and state duty.
The court of first instance in Vladivostok ruled that the money should be returned and the state duty compensated, the request for a penalty was rejected. The Primorsky Regional Court overturned this decision, arguing that the money was a "gift". The reason is the absence of a document that would confirm the purpose of the transfer of money, namely for the purchase of a car.
Judicial board The Supreme Court, as the last instance recognized the decision of the Primorsky court erroneous. The dispute was considered from the standpoint of Articles 1109 and 1102 of the Civil Code of the Russian Federation, stating that only those funds and other things that were donated "to charity" are not subject to return.
In addition, the fact of donation must be proved by the defendant's party, while the defendant himself did not indicate the fact of donation.
The described example had proof of the transfer of funds in the form of a receipt for the transfer, but even in this case, the dispute caused mixed opinions among the judges of various levels. But the possibility of a return on condition of high-quality lawyer's work is quite possible.
Similar situations may arise in the presence of a receipt without indicating that the amount has been lent.
In practice, a verbal loan agreement based on trust is often used. It is extremely difficult to return the money borrowed without a receipt in the absence of written proof of the fact of their transfer and the conditions of return.
In such cases, before contacting the judicial authorities, lawyers advise to file a claim with the police and record all conversations, SMS, etc.
A statement of claim for the collection of a debt on a receipt is a document that makes it possible to exercise the right of claim from the debtor. The sample is free to download.
The troubles associated with collecting debts on receipts are of a long-term nature. On this resource page you can download for free sample 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 precisely on this document drawn up with his own hand. The obligation of written, handwritten execution of the receipt allows the court to determine the reliability 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 formatted text from the debtor, a receipt for payment of the state duty and a copy of the claim. The entire 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 defendant and interested parties. The defendant has the right to file an objection or counterclaim if there are grounds.
Mandatory clauses of the statement of claim for debt collection by receipt
:- At the top, in the right part, the name of the addressee is traditionally written;
- Below is the defendant's own data and details;
- In the middle of the sheet is the title of the message on debt collection by receipt;
- Further, the circumstances of the case, the requirement, the normative consolidation are set forth;
- At the end it is necessary to indicate a list of the attached papers;
- Date, signature, transcript.
- Peculiarities of interaction of insured organizations with the FSS, if they are located in the region where the pilot project is operating Interaction with the social insurance fund
- Keeping a journal of registration of cash documents
- A sample of filling out an order for an inventory
- What to correct in the accounting if the company issued an invoice with a long delay If the invoice was not issued