Debt collection by receipt of the statement of claim. Sample statement of claim for debt collection under a loan agreement
Document form " Statement of claim to collect Money by receipt ”refers to the heading“ Statement of claim ”. Save the link to the document in in social networks or download it to your computer.
Court:___________________________________
Plaintiff: _______________________
______________________________
______________________________________
Defendant: ____________________________
___________________________
Claim price: ________ rubles. __ cop.
State duty: ______ rub. __ cop.
STATEMENT OF CLAIM
on the collection of funds
According to the receipt from _________, the Defendant - _________________, residing at the address: …………………… .. received from me in payment for the car money in the amount of __________ rubles __ kopecks.
The conditions contained in the receipt stipulate that the Respondent undertakes to purchase a car for the Claimant no later than _________ year.
The defendant did not fulfill his obligations, namely, the car was not purchased within the period established by the agreement.
The funds were not returned by ________________________.
According to the receipt dated __________, the Defendant reaffirmed his obligations to purchase a car for me no later than ____________ year.
TO the specified date the car was also not purchased and the money was not returned.
According to Art. 807 of the Civil Code of the Russian Federation, under the loan agreement, one party (the lender) transfers to the ownership of the other party (the borrower) money or other things defined by generic characteristics, and the borrower undertakes to return the same amount of money (loan amount) or an equal number of other things received by him to the lender. the same kind and quality.
A loan agreement is considered concluded from the moment the money or other things are transferred.
Based on paragraph 2 of Art. 808 of the Civil Code of the Russian Federation, in confirmation of the loan agreement and its conditions, a receipt of the borrower or other document can be presented, confirming that the lender has transferred a certain sum of money or a certain number of things.
The fact of transferring funds to the Respondent is confirmed by receipts written in the Respondent's own hand - ______________
Thus, between me and the Defendant, the Loan Agreement was concluded in full compliance with the law.
However, within the stipulated time and until now ____________ 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 usually imposed requirements, and by virtue of Art. 810 of the Civil Code of the Russian Federation, the borrower is obliged to return the received loan amount to the lender on time and in the manner stipulated by the loan agreement.
According to Art. 310 of the Civil Code of the Russian Federation, a unilateral refusal to fulfill an obligation is not allowed.
On the basis of clause 1 of Art. 314 of the Civil Code of the Russian Federation if the obligation (agreement) allows you to determine the period of time during which it must be performed, then the obligation is subject to performance within such a period.
Thus, in connection with the above circumstances, there are all legal grounds for satisfying my claims and collecting 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 the loan agreement, in cases where the borrower does not return the loan amount on time, interest is payable on this amount in the amount provided for in paragraph 1 of Article 395 of this Code, from the day when it should have been returned, until the day of its return 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 funds due to their unlawful withholding, evasion of their return, other delay in their payment, or unjustified receipt or savings at the expense of another person, interest is payable on the amount of these funds. The amount of interest is determined by the existing in the place of residence of the creditor, and if the creditor is entity, in the place of its location with the discount rate bank interest on the day of execution monetary obligation or its corresponding part. When collecting a debt in a judicial proceeding, the court may satisfy the creditor's claim, proceeding from discount rate bank interest on the day the claim is filed or on the day the decision is made. These rules apply unless a different interest rate is established by law or agreement.
If the losses caused to the creditor by the unlawful use of his funds exceed the amount of interest due to him on the basis of clause 1 of this article, he has the right to demand from the debtor compensation for losses in the part exceeding this amount.
Interest for 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.
In accordance with clause 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 13 of __________, when calculating payables annual interest at refinancing rate The central bank RF, the number of days in a year (month) is assumed to be 360 and 30 days, respectively, unless otherwise established by agreement of the parties, rules binding on the parties, as well as business customs.
Based on the calculation made, interest for the use of other people's funds in the amount of _______ rubles is subject to collection from the defendant. __ cop.
Interest calculation:
The amount owed ________ rubles. __ cop.
Delay period from _________ to _________: ___ days
Refinancing rate: __% (Ordinance of the Bank of Russia dated __________ "On the size of the refinancing rate of the Bank of Russia")
Total: ________ rub. __ cop.
Also, from the defendant it is necessary to collect in my favor a state fee in the amount of _______ rubles. __ cop., which is confirmed by the receipt of payment, since, according to Art. 98 of the Code of Civil Procedure of the Russian Federation, to the party in favor of which the court decision was made, the court awards to the other party to reimburse all legal costs incurred in the case.
In addition, in accordance with Art. 100 of the Code of Civil Procedure of the Russian Federation, to the party in whose favor the court decision was made, at its written request, the court awards on the other party the costs of paying for the services of a representative within reasonable limits.
In this regard, ____ rubles should be collected from the defendant in my favor - payment for the services of a representative, which is confirmed by receipts of KAGM "____".
Thus, based on the foregoing, -
I ASK FOR COURT:
To collect from ___________ in my favor cash in the amount of ________ rubles __ kopecks, interest on the use of other people's funds in the amount of _________ rubles. __ cop., payment costs state duty- ___________ rub. __ cop., expenses for legal services in the amount of ___________ rubles. __ cop., and only ________ 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 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, to confirm the emergence or termination of civil relations.
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Most often, this means the following facts:
- receipt of performance on obligations (cash, bill, check and others);
- obtaining a loan;
- acceptance of things for 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 a debt.
In addition, receipts can be issued upon receipt of any documents (certificates, licenses, summons, mailings), items or funds (parcels, transfers, salaries), after a person familiarizes himself with certain information (after familiarization with safety precautions, with a notification impending dismissal). Common types of the document under consideration is also a receipt for no claims, for receipt of alimony.
From a legal point of view, a receipt is a unilateral document confirming (certifying) the fact of the occurrence or occurrence of an event or action that serves as the basis for the legal obligations of the person who issued it.
The scheme of actions with a receipt is extremely simple: one party (the debtor) writes a receipt confirming the fact of receipt of money, which indicates the timing of the repayment of the debt, interest, and other conditions
After receiving the money, the document is handed over to the creditor. It should not be forgotten that after the debt is repaid, it is imperative 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 take the receipt from the creditor.
A statement of claim for debt collection by receipt can be drawn up independently - this is not a complicated procedural document and, as a rule, does not require complex descriptions, time-consuming process of proof. You just need to correctly draw up a statement of claim, and in the document itself clearly describe what the receipt was about, point out the fact of non-repayment of the debt and your requirement to collect a debt with a penalty from the debtor.
An IOU is drawn up in the case of a loan between two people, if the amount is up to 10 minimum wages, and also if an advance payment for services or goods has been received.
Before proceeding to consider the issue of the statement of claim, you should consider the requirements for this document, since its correct design is a guarantee of a successful trial.
The rules for issuing a receipt are as follows:
- writing form;
- the title of the document must be present ("Receipt of 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 money in the amount ...), specify the conditions specifically (I undertake to return the amount ... and interest ... at such and such a time);
- the document is signed by the originator or two parties with the obligatory indication of the date;
- blank lines are crossed out with dashes;
- you can invite witnesses who also put their signatures on the receipt, indicate their full name, address;
- the receipt may 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 signature of the debtor at the end of the document, must be transcribed.
It is produced in cases clearly specified in the legislation, for example, in case of deliberate damage to the property of an enterprise.
How and on what grounds it is possible to collect debts from an LLC is explained in detail in the article on.
Lawyers have several tips for issuing a receipt:
- it is not necessary, but desirable that at least one witness, a capable disinterested person, was present during the execution and execution of the document (the fact of his presence is confirmed by the signature of the parties to the transaction);
- if the borrowed amount exceeds 10 minimum wages, then the legislation provides for such transactions to be formalized by drawing up a contract, in this case only the contract, and not the receipt, will be recognized by the court as the basis for collection;
- the text of the receipt is only on behalf of the borrower and was written by him by hand, the one who lends may not be present;
- you cannot put signatures on an empty form;
- It is advisable to put the signature right under the text in order to exclude the addition of additional items by someone after the document has been drawn up without the knowledge of the borrower;
- only normative Russian speech should be used, ambiguity should be avoided;
- you should indicate the amount of the penalty in case of non-payment within the agreed period (if it is not indicated, the standard penalty awarded by the court is 8,3% annual);
- the lender must carefully check the original of the passport with the data in the receipt (for any error, even in one letter or number, the court may invalidate the receipt);
- it will be better for the lender if the debtor does not indicate the purpose of the loan in the receipt, since there will be a legal loophole to write off non-repayment of debt to business risks.
A receipt can be drawn up on any piece of paper, even on any that comes to hand, or on an object that you can write on. The main thing is that the details of the parties are clearly spelled out in it and the signature of the person borrowing money bears.
Pre-trial settlement
There are three ways to repay the debt on receipt, namely:
- voluntary pre-trial settlement;
- sale of debt to collectors;
- claim and litigation, after which the collection is engaged federal Service bailiffs.
The most in a simple way is a pre-trial settlement. But it is worth noting that this method is quite rare, since the debtor rarely agrees to voluntarily give money. If after a verbal reminder he returns the debt, then such a situation is the best of all possible. But you can also formalize a pre-trial procedure for the return of a debt on a receipt formally. To do this, you will need to draw up a claim and send it to the debtor.
The rules for filing a claim are as follows:
- Drafted in free form, it should contain a reminder of the receipt and the conditions for repayment of the debt. Indicate its date, parties, the amount of debt, and other conditions. The fact is also stated that the term has expired, the money has not been returned and it is required (proposed) to fulfill this obligation as soon as possible, otherwise the dispute will be resolved in court with the collection of penalties for delay.
- The claim should be handed over 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 this with your own hand, 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 in favor of the creditor in the litigation.
In the claim, you can also remind the debtor that when the debt is enforced, the bailiffs may impose a restriction on traveling abroad, additional penalties in the form enforcement fee, penalty interest.
Pre-trial settlement can also be carried out by transferring the right of claim to the collectors, and in this case, the creditor will not have to deal with the debtor at all
There will be no need to write claims, lawsuits, and also bother with contacts with the other side - the collectors will take care of all the questions. To implement this method, you need to contact private collection companies and draw up an agreement.
The disadvantages of selling the debt to collectors is that they will take some percentage of the collected amount for their services. Pros - the creditor will receive a certain part of the amount in hand immediately after the conclusion of the contract with the collectors, all the problems of returning the money will be taken over by the company providing debt collection services.
Court
The litigation to collect a debt on a receipt does not require much effort - the main evidence for the court is the receipt, if it is correctly drawn up, then in the overwhelming majority of cases the creditor wins the court.
A sample statement of claim for collecting a debt by receipt may also contain a requirement to pay a penalty, therefore, solving the issue of returning a debt through a court will allow not only to return the borrowed money, but also to collect a penalty for delay.
The process of returning a debt on receipt by means of a court goes through the following stages:
- Drafting and filing a claim.
- Preparation of documentation that must be provided to the court along with the application.
- Payment of state duty, which is calculated as a percentage of the debt. Confirmation of her payment is attached to the documents. It is recovered from the defendant if he lost the court.
- Submission to the court of a claim and documents attached to it. One copy is sent to the debtor at the same time. All documentation is submitted to the court registry. It is imperative that you make and leave copies with marks on the delivery of documents.
- For an amount up to 50 thousand rubles the statement of claim is submitted to the magistrate court, from above 50 thous.- to the district.
- Further, you should wait until the subpoena arrives and appear there at the appointed time.
- After the decision is made and formalized, you need to pick it up, wait until it comes into legal force and submit an application to the office for extradition writ of execution.
- Presentation executive document bailiffs at the place of residence of the debtor and control of the process of enforcement proceedings.
Along with filing a claim, you can also file a motion for the seizure of the debtor's property in order to secure the claim. But do not notify the debtor about this.
Required documents
A statement of claim for the collection of a debt on a receipt implies the collection of the following documents:
- the claim itself (three copies: one for himself, two in court, and sometimes one copy is sent by the plaintiff to the defendant);
- payment document on the duty;
- a copy of the IOU;
- 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 for mailing to the debtor or other evidence confirming its delivery;
- check of registered mail, inventory, mail notification of delivery of a letter with a claim to the defendant;
- calculation of interest for delays (three copies: for myself, for the defendant and in court).
A claim, a copy of the receipt, postal or other confirmation of the direction of the application to the debtor, if there was a claim - confirmation of its sending or delivery to the debtor, calculation of interest is provided to the court. A claim and interest calculation are sent to the debtor.
They leave a copy of the claim for themselves, on which the court office puts a mark on its delivery, the calculation of the penalty, the original receipt, the claim, as well as the receipt of the state duty and postage.
What does a statement of claim for debt collection on receipt look like?
A sample statement of claim for debt collection by receipt has the following structure:
- In the upper right corner: court details (name, address).
- In the same corner, the full information of the parties is indicated (addresses, postal codes, telephones).
- After the parties indicate the price of the claim.
- In the middle they write the name of the document: "Statement of claim for debt collection by receipt with full name".
- Describe the circumstances of the dispute. The writing should be short, specific and clear. Describes how the money was transferred, the amount, the terms and conditions of the return. The full names of the parties, witnesses are indicated.
- The fact of expiration of terms and non-return of money is indicated, whether pre-trial settlement was involved.
- If it remains to collect part of the debt - its size, the date of partial payment.
- Calculation of interest on arrears.
- References to legislation and a request to the court to rule on the collection from the debtor in favor of the plaintiff, the debt, interest and the paid state duty.
If the time limit for the return has expired, the plaintiff has the right to demand, in addition to the payment of the principal amount, interest on the delay, even if this is not indicated in the receipt. By general rules penalty is calculated for each day overdue based on the size of the refinancing rate - 8,25% ... The formula is as follows: 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 amount of delay in one day.
Sample statement of claim for debt collection by receipt (statement of collection):
Oktyabrsky District Court
Rostov-on-Don
per. Red Banner, 225, ind. 345215
plaintiff: Petrov Nikolay Maksimovich
Rostov-on-Don, st. Chekistov, 54/15, ind. 343256
Tel. 89876578966
defendant: Shmatko Viktor Andreevich, b. 23.03.1990
Rostov-on-Don, st. Pioneers 231/56, ind. 345215
Claim price: 95,000
Statement of claim
I, Nikolay Maksimovich Petrov, on June 20, 2019, lent Shmatko to Viktor Andreevich 03/23/1990 b. (hereinafter, the Respondent) money in the amount of 95,000 (ninety-five thousand) rubles.
On the same day, the Respondent drew up a receipt (attached to the claim) dated June 20, 2019, according to which he undertakes to return the money by May 15, 2019.
The receipt is in a simple written form, signed by me and the Respondent. The following witnesses were present when the receipt was drawn up: Kranin Artur Stepanovich 19.07.1987, b. (Rostov-on-Don, Solovetskaya street 23a / 17, tel. 97878987565), Red Angelina Vyacheslavovna 03/27/1978 b. (Rostov-on-Don, Pravdy 15/97, tel .: 89765787878). These persons have attested the conditions of the receipt by their signatures on it and can confirm all the circumstances I have set forth.
Within the agreed period, which is also indicated in the receipt, namely by May 15, 2019, the Defendant refused to fulfill the obligation to pay the debt of 95,000 rubles. As of today, the Defendant has not repaid the debt.
An attempt to resolve the dispute without involving the court was made: on May 16, 2019, I sent a claim to the Respondent with a proposal to return the money peacefully (a copy is attached). The respondent ignored my proposal.
At the moment, the maturity date according to the receipt dated May 15, 2019 is exceeded by V.A. Shmatko by 109 days. The penalty is: 95,000 / 360x109x8.25% = 2373 rubles per day. For 109 days, the soum was 109x2373 = 258657 rubles. The amount of the state duty paid by me was 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 collect in my favor from Shmatko Viktor Andreevich 03/23/1990 b. debt in the amount of 95,000 (ninety five thousand) rubles., penalty for violation of the terms of payment - 258657 (two hundred fifty eight thousand six hundred fifty seven) rubles., duty 2850 (two thousand eight hundred fifty) rubles. and only 356,507 rubles.
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.
Alimony debt can arise for various reasons. Some parents deliberately do not pay alimony, hoping that they will simply get away with it, 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 the debt obligations. In addition, he must incur financial liability for late payments - a fine and a penalty, which will be charged on the amount of the debt. In some, especially "difficult" cases - even measures of administrative or criminal liability.
If he does not do this on his own initiative, the recipient of the alimony payments has the right to go to court with a claim to collect the debt. The law is on the side of the alimony recipient because it comes about the needs of a minor child.
Grounds for filing a claim for payment of alimony arrears
Before filing a claim for the recovery of the alimony debt, you need to make sure that you have legal grounds for this:
- A voluntary agreement on the payment of alimony concluded between the payer and the recipient;
- A court decision on the payment of alimony or a court order issued;
- Long-term or periodic non-payment of alimony;
- Formation of an impressive amount of debt for the entire period of non-payment;
- Lack of effective measures on the part of bailiffs to collect debt;
- Disagreement of the debtor with the amount of the debt obligation.
So, if there is no court decision or order, 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 financial support, the recipient has every reason to collect the debt through the court.
In addition, not only the claimant, but also the debtor can file a claim if the debt was formed during a period when, for valid reasons (illness, loss of job, special family circumstances), he could not pay alimony on time and in full. This will be discussed in more detail below.
When can you file a lawsuit?
The terms of going to court with a claim to recover the alimony debt are strictly regulated by legislation - 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 the alimony debt at any time during the duration of the alimony obligations (until the child reaches the age of majority) with the addition of three years of the term limitation period.
Consider possible cases of accumulation and collection of alimony debt, in which there are some differences in terms and procedures:
- If the alimony agreement was not concluded, if the decision or order of the court was not issued, and there was no voluntary payment of financial support. In this case, there is no question of debt (since there is no legal basis for the recovery of alimony), but you can demand the recovery of alimony for the last three years.
- There was no alimony agreement, no court decision or order, but the alimony payer made voluntary cash payments. In this case, there is no question of any debt either, and alimony can be collected only from the moment of going 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 assigned to him, then the resulting debt can be collected for the entire time - from the moment the enforcement document entered into force - at least a couple of months, at least for 18 years. It is only important that the documents are preserved - the basis for collection cash payments and confirmation of the absence of payments.
However, if the alimony payer has valid reasons for non-payment of alimony, as a result of which a debt has arisen, the debt can be collected only for the last three years prior to filing a claim. For valid reasons, which, of course, require documentary confirmation in court, include:
- disability, serious illness;
- job loss, financial difficulties;
- unfavorable family circumstances.
If during the trial it is established that the alimony payer could still avoid the accumulation of debt, the amount of debt will be recalculated for the entire period, including penalty interest (0.5% of the amount owed for each day of non-payment) and penalties.
Where should a claim be filed?
If, on the basis of one of the above enforcement documents, enforcement proceedings were opened, the work on the enforced collection of payments and the settlement of arrears must be carried out by employees of the bailiff service. It is with the FSSP that the procedure for collecting the alimony debt should be started. At the request of the recipient of alimony bailiffs will issue a certificate about the period and in what amount the alimony debt has accumulated.
A certificate issued by bailiffs is the main proof of the existence of an alimony debt. It should be attached to the statement of claim, which is submitted to the magistrate's court.
You can submit a statement of claim to the court at your choice - at your own place of residence or at the place of residence of the alimony payer. It is preferable for the claim to be heard by the same judge who originally ruled or issued the support order.
Who is eligible to file a claim?
As mentioned above, both the recipient of the alimony and the debtor can file a claim for the recovery of the alimony debt. As a rule, it is the recipient who initiates the lawsuit if the measures taken by the bailiff do not bring the desired result, and the debt grows and is not paid off.
But in some cases, debtors also initiate legal proceedings. The reason for the debtor's appeal to the court is disagreement with the amount of the alimony debt calculated by the bailiff without taking into account the valid reasons for non-payment of funds, the intention to challenge the wrong (overstated) amount of the debt or unfair accrual of penalties. If the debtor has evidence that the non-payment of alimony took place for a good reason, he should present this evidence to the court. Based on the results of the consideration of the claim and the documents presented, the court will decide on the full or partial release of the debtor from the fulfillment of debt obligations.
Sample statement of claim for the collection of alimony arrears
In order for the statement of claim to be accepted and considered by the court, it must be drawn up in accordance with the requirements of the civil procedure legislation to the form and content of the claim. The statement of claim must contain the following ...
- The name of the court to which the claim is filed;
- Information about the parties to the case (full name, date of birth, address, place of employment, contact phone number);
- The cost of the claim (the amount of the alimony debt);
- Information about judicial document(decision or order) on the payment of alimony or on a voluntary alimony agreement;
- Information about in favor of whom the funds should be paid (full name, date of birth of a 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 BSC body, the date and number of the resolution on the calculation);
- If the plaintiff wants to dispute the amount of the debt, you should indicate why he does not agree with the calculation, indicate the correct amount of the debt, submit his own calculation and other supporting documents (checks, receipts, receipts);
- The requirement to the court is to collect the alimony debt in a certain amount;
- List of applications;
- Date;
- Plaintiff's signature.
Documentation
The statement of claim must be supplemented with documents that confirm the circumstances of the case and serve as the basis for filing claims. In the absence of documents, the claim will not be accepted by the court for consideration.
Consider what documents must be attached to the claim:
- Copies of the claim (in such quantity as the number of persons taking part in the trial);
- Copies of the parties' passports, birth certificates, marriage or divorce certificates;
- Copy of the original judgment or order, alimony agreement;
- A copy of the decision of the bailiff on enforcement proceedings;
- Certificate from the bailiff on the calculation of the amount of debt;
- Certificates (about income, health status);
- Other documents (receipts, receipts, checks, bank statements);
- A receipt confirming payment of the state duty.
Judgment
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 the concluded loan agreement and the fact of the transfer of funds.
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
A statement of claim for 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 for the use of other people's funds is charged on the day the amount of these funds is paid to the creditor, unless a shorter period is established for the accrual of interest by law, other legal acts or an agreement.
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 for payment of the state fee.
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. A way out in a 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 payment. legal costs.
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 debt collection from individuals by receipt it 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 he will seal the promissory notes with 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 correctly compose promissory note... 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, it is necessary to check whether the limitation period for collecting the amount has yet ended.
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, total amount 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
The time frame for obtaining a writ of execution depends 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 a writ of execution, bailiffs should intervene in the case. Through their actions, the fulfillment of the requirements established by the court is ensured. In our case, it is enforcement debts from individuals on 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. Intervened in the matter Supreme Court, which reversed 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!