They took the money and do not give how to punish. Actions of the lender if the debt is not returned. Telephone conversations as evidence of the existence of obligations

How to pick up a debt if they don't pay it back?

I have quite a lot of experience in this business, and the first thing I would advise people from the very beginning is simply not to lend. Do you need it? To lend money, and then worry about whether they will return it to you back. There is a big risk of losing both money and a friend, because the opportunity to "cut down" easy money can change a person dramatically.

The second thing that I would initially advise is to draw up a receipt. Previously, it was possible without problems not even to certify it without a notary and go to court with it, in case you are not repaid the debt. Now it is still desirable to certify the receipt with a notary, because the laws have changed a little not in favor of citizens.

The receipt must indicate the amount of the debt in figures and in words, the passport details of both, the deadline for writing the receipt, the deadline for repaying money, the percentage for overdue payment, and the signatures of both. The more nuances will be indicated in the receipt, the easier it will be to prove your case in court.

Now directly to the return of the borrowed money.

First, discuss with the debtor the deadline when he will return the money to you. It is advisable to record this conversation on a dictaphone (may come in handy in court or at a "trial"). After the expiration date, start acting. There is no need to say anything, let alone threaten. You need to take tough action right away, otherwise you will be led by the nose for many years.

What should not be done when returning a debt? It's not the 90s anymore, so don't turn to bullies or friends with strong figures. In this case, the debtor can safely sue, and you will have to pay. Threatening is also not necessary, it can be recorded on a dictaphone and used against you. Do not ask for only part of the money, take the entire amount at once, otherwise the return of the debt may be delayed.

If you have a receipt, then everything is simple. Write an application to the court. Collect additional evidence that you owe money. Show the debtor a statement and say the date when you go to court.

If there is no receipt, then you need to collect evidence that you gave the person money on credit. These may be witnesses in whose presence the money was transferred. These may be witnesses who were present during the conversation and the debtor promised to give you the money. These can be SMS or voice recorder recordings that prove that the person owes you. With this evidence, you need to come to a lawyer who will competently draw up a statement for you.

There are force methods of pressure, but here you need to be extremely careful. Like I said, no need to go back to the 90s. You can contact your acquaintances from the police who have a fairly high rank. Let them communicate (and they know how) with the debtor. What they usually say, I will not voice.

If you want to sleep peacefully, just don't lend...

Situation: friends (acquaintances) or relatives borrowed money from you without issuing any receipts. Are you worried that they are not going to return the debt ...

What to do

Keep in mind an important rule: if you lend more than 10 minimum wages (the minimum wage, today for calculating taxes, duties, etc. 1 minimum wage is equal to 100 rubles), i.e. borrow more than 1000 rubles, then according to the law it is necessary to draw up a loan in writing, including by issuing a receipt. If there are no written confirmations, then the creditor loses the right to refer to the testimony in court.

That is, alas, in this case you will not succeed in confirming the fact of lending money with the help of witnesses.

So your task is to collect any other evidence of the transfer of money to the debtor - in case it comes to a conflict and you need to go to court. In particular, it will be useful:

- mail correspondence: preferably regular (for example, telegrams), but in extreme cases, communication by e-mail is also suitable;

- audio recording of telephone conversations (for example, you can enable the recording function when talking on a cell phone);

- any other messages (including SMS).

The main thing is that when you communicate, phrases appear that confirm the transfer of money on credit, the recognition of this by the debtor.

Situation: your debtor has fled, but you know where his family lives.

What to do

If one of the spouses takes a loan during the marriage, then both spouses are responsible for the debts at the expense of common property (based on Article 45 of the Family Code of the Russian Federation).

Thus, it is possible to demand that the money be returned by the spouse of the absconding debtor at the expense of common property.

Also keep in mind: in the event of the death of the debtor, the obligation to repay the loan passes to his heirs, and the creditor has the right to demand a return of money from them.

Situation: they ask you to loan a large amount of money and are ready to give a receipt. The question arises: how to properly draw up a document in order to have maximum guarantees for repayment of the debt.

What to do

The most reliable option is not just a receipt, but a loan agreement. It can be drawn up on a regular sheet of paper yourself. An even greater guarantee of reliability will be the certification of such an agreement by a notary - this guarantees the verification of the powers of the parties to the agreement, an explanation of their rights and obligations, etc.

When drawing up a loan agreement, it is important to provide for the following main points in it:

1) the amount of money transferred in debt (by the way, if you make a simple receipt, be sure to note that the money is transferred EXACTLY IN DEBT!);

2) the term for repayment of the debt, as well as, if desired, the right of the debtor to repay the loan ahead of schedule;

3) sanctions for violation of the return period - say, 0.5% of the debt amount for each day of delay in return.

Collecting debts from legal entities and companies requires more ingenuity than working with individual debtors. The most promising is the following algorithm of actions:

1. Collection of information about the debtor and his property. This must be done before the start of active "combat" operations.
There are three things to evaluate:

All this will be useful to you or to those specialists whom you involve to work with the non-payer in order to determine the further strategy of action. So, for example, the most obvious way - contacting law enforcement agencies with a statement about fraud - will not always give the expected effect. In addition, your goal is to repay the debt, not to bring anyone to criminal liability. Contacting the police will serve more as a psychological help than a practical one.

2. Litigation.

3. Enforcement proceedings (appeal to bailiffs after receiving a court decision).

4. In parallel with paragraphs 2 and 3 - attracting public attention through the media and Internet resources. By the way, information about court cases is publicly available on the Internet, so going to court can automatically act as a PR tool.

A key tool in the legal work of non-performance of contractual obligations is the impact on either property or reputation. And if the first in many cases is not possible due to proper legal protection, then the second quite often gives the desired effect. That is why companies professionally engaged in legal work with debts also have PR tools in their arsenal.

Whether to use personal contact with the debtor's officials in your work depends on the relationship you have built, as well as the tactics chosen by you and your opponent.

hard debt

The problem of "difficult" debt can be solved with the help of lawyers who specialize in such matters. They will be engaged in the preparation of documentation, going to court, the implementation of a judicial act, interaction with bailiffs, contacts with the debtor, interaction with law enforcement agencies, PR support of the process. The involvement of experts is especially useful if the debtor is a large entity or values its reputation. Lawyers will be indispensable if the debtor is subject to bankruptcy proceedings. The services of specialists are usually paid either at a fixed rate or “by result” in the amount of 10-30% of the amount of the repaid debt (depending on the complexity of the situation).

The second way is to "knock out" the debt (on your own or with the help of a collection agency). It uses pressure on debtors (endless phone calls, threats, etc.). And although all this happens under some legal cover, the issue of legality remains on the conscience of those who knock out. Although such measures are certainly quite effective. That is why such services, as a rule, are paid on a piece-rate basis: 20-50% of the debt amount. At the same time, it is important to remember that a company using such services may have a dubious reputation among its potential partners.

Own lawyers

Companies can not only use external specialists to recover debt, but also resort to the help of their own legal department. Unfortunately, lawyers of an enterprise often do not have time to pay due attention to the debt problem or work with debts as best they can (after all, one cannot be an expert in all areas of law at the same time).

Typically, the work of the legal department is reduced to drafting a claim, preparing and supporting the case in court, and participating in the execution of a court decision. Practice shows that if the debtor does not want to give back the money, he will calculate his legal protection in advance. Ignoring a claim or even a lawsuit is already an alarming signal that the debtor is not serious about the process. Such behavior may have the following grounds: half-empty settlement accounts, distribution of real estate to other "friendly" companies, change of the general director to a nominal one, change of location of the enterprise. The most important trick of the debtor is the formal resale of business to a Russian or foreign company. And the more complex the task, the more experienced and energetic specialists will be required to solve it.

How not to go to jail

Knocking out debts from a fraudster or defaulter, you yourself risk becoming a criminal. In order not to complicate your life, you need to "honor the Criminal Code." There are several types of crimes for which an inexperienced lawyer or collector can be involved.

1. Extortion. This crime is provided for by Article 163 of the Criminal Code and consists in making a demand to transfer someone else's property or the right to property or to commit other actions of a property nature under the threat of violence or the destruction or damage of someone else's property, as well as under the threat of disseminating information disgracing the victim or his relatives, or other information that may cause significant harm to the rights or legitimate interests of the victim or his relatives.

That is, in order to bring the debt collector to criminal responsibility, it is enough to express his demands under threat. The formula is something like this: "If you don't repay the debt, then I will ... / kill / disable / tell other people something about you and your debt." Moreover, the courts sometimes adhere to such a practice when the corpus delicti is recognized even in the absence of such a statement, if this somehow follows from the situation. For example, if the creditor makes a hint of such a threat, and does not openly express it.

The fact of extortion is quite difficult to prove. And this can be used. The main thing is good preparation for a conversation with the debtor. It is impossible to openly express a threat to him in front of witnesses or otherwise, when in court it will be possible to reconstruct in detail the picture of extortion.

Permissible actions include, for example, demonstration of a letter describing the debt situation, which the creditor is going to send to the debtor's partners. A good effect is also produced by the staging of such a process, when a “partner's representative” contacts the debtor (in fact, a representative of the claimant) and asks in detail about the problem that has arisen with the return of the debt, including raising the question of further cooperation. It will be difficult for investigators to qualify such actions as extortion.

2. Threat (by killing or causing harm to health). If the claimant behaves defiantly and makes threats, the debtor may initiate a criminal case for threatening to kill or cause grievous bodily harm. So you should refrain from such threats. As a rule, they do not achieve the desired effect.

3. Arbitrariness. If the creditor, without the purpose of theft, takes possession or disposes of any property of the debtor, the rights to which have not been transferred to the creditor on the basis of a court decision or a transaction between the parties, such actions are arbitrariness. Such actions should also be abandoned.

4. Damage to business reputation. Article 152 of the Civil Code establishes that a citizen or a legal entity has the right to demand in court a refutation of information discrediting his business reputation, if the disseminator of such information does not prove that it is true. Thus, when publishing information about the debt of any organization, the collector must stock up on relevant evidence. Otherwise, he risks being liable for losses inflicted on the debtor in connection with the publication of such information, as well as compensating for damage to business reputation. Reputation is difficult to assess, and in practice often the debtor files a counterclaim to protect it for the amount of the debt, thereby pushing the claimant towards a settlement agreement and complete liquidation of the debt with a 100% discount.

Arbitration courts reacted to such phenomena in different ways. As a rule, if the creditor proves that the discrediting information is true, he does not bear property liability. But at the same time, the courts state that the information disseminated by the claimant harms business reputation. This judgment gives reason to believe that the recoverer, after paying off the debt, will be obliged to eliminate the consequences of his actions as soon as possible (to publish information on restructuring in the same form, for example). So far, this has rarely happened in practice.

HOW TO PROPERLY MAKE AN IOU

Both the creditor and the debtor are adults who must be of sound mind and memory. That is, to be mentally healthy people.

It follows that the lender should not lend money to minors and mentally ill people. Because if this happens, then all the negative consequences will be borne by the creditor himself.

In particular, the creditor will run after his negligent debtors. Spending money on lawyers and court fees. And it is not known whether he will eventually get his money back.

To avoid these troubles, in many cases, it is enough just to carefully study the borrower's passport. And also, take a closer look at the future debtor - if there are any deviations in his behavior.

Citizens become a creditor and a debtor only after the delivery of money on loan. Everything that happens up to this point has no legal significance.

For example, the promise of a citizen to lend money has no legal force. Even if such a promise is issued in writing. However, the promise of a citizen to borrow money also has no legal force.

Thus, citizens become creditors and debtors only after the debt has been issued by one of them and accepted by another of them. From now on, citizens acquire the legal status of a creditor and a debtor.

The newly appeared creditor and debtor begin to bear mutual rights and obligations in relation to each other. So the creditor has the right to demand from the debtor the conscientious fulfillment of the terms of the receipt. And the debtor is obliged to honestly fulfill these conditions.

During the term of the receipt, it is possible to change citizens on the side of the creditor and the debtor. For example, in connection with the transfer of issued debts by inheritance, the heir enters the rights of the creditor.

There are other interesting options for changing faces on the side of the creditor and the debtor. But this is a separate conversation that requires separate consideration.

Citizens cease to be a creditor and a debtor, mainly after the full payment of the debt. But other grounds for terminating the status of a creditor and debtor are also possible. For example, debt forgiveness.

Obligations of the debtor under the receipt.

After signing the receipt and receiving the loan amount in return for the receipt, the debtor has a number of rights and obligations.

GIVING THE WORD - HOLD ON!

First, consider the debtor's obligations. The standard set of obligations of the borrower includes:

1. The obligation to repay the debt to the creditor in a lump sum or in installments. As stated in the terms and conditions.

2. The obligation to pay interest to the creditor. The term and procedure for payment of interest is determined in the receipt.

Attention! If the term of payment of interest is not defined, then it is considered that interest is payable monthly until the date of repayment of the loan amount.

This rule is clearly spelled out in the law regulating the relationship between the debtor and the creditor - the Civil Code of the Russian Federation. For those who are interested, you can look at Article 809, Clause 2 of the Civil Code of the Russian Federation.

The above two obligations of the debtor are basic for any borrower.

FOR WHAT I TAKEN THE MONEY - FOR THAT I EXPENDED.

3. The debtor is obliged to use the amount transferred on credit for the intended purpose. If the debt is issued for a specific purpose and this is recorded in the receipt. For example, for the purchase of a car, to pay for training, to carry out repairs.

If the exact purpose of the loan is not specified in the receipt, then the debtor does not have this obligation. And he can spend the amount of debt at his discretion.

4. The debtor is obliged to repay the debt to the Creditor ahead of schedule. Cases of early repayment of debt are provided for in the Civil Code.

In particular, in the case when the debtor does not spend the amount of the debt for the intended purpose and if the debtor does not provide the creditor with the ability to control the intended use of the loan amount.

That is, these cases relate to situations where the receipt reflects what the borrowed amounts can be spent on.

However, the creditor may include in the receipt additional grounds for early repayment of the debt. For example, for late payment of parts of the debt twice in a row. Or any other similar condition at the discretion of the lender.

And then the debtor will be obliged to repay the debt ahead of schedule.

BREAK YOUR VOW AND YOU WILL GET A LOT OF TROUBLE!

5. The debtor is obliged to incur sanctions, punishment for violation of the terms of the receipt. For example, the obligation to pay a fine, compensate for damages, compensate for moral damage to the creditor.

The debtor is obliged to pay all sanctions, regardless of whether he paid off the principal debt with the creditor or not. Of course, if the creditor has not officially written off sanctions from the debtor.

These are the main obligations of the debtor. In addition to these standard obligations, the creditor may include in the receipt any additional obligations for the debtor. And this is done to tightly control the behavior of the borrower.

HERE IS YOUR MONEY! RECEIPT FOR A BARREL!

1. The debtor has the right to demand that the creditor return the receipt when the debtor fully repays the debt and interest.

At the request of the debtor, the creditor makes a note in the promissory note that the debt has been repaid and there are no claims against the debtor.

If the creditor does not provide the debtor with a receipt at the final settlement of the debt, then the debtor has the right to delay the final payments on the loan. And such behavior of the debtor will be absolutely legal and justified.

What should the creditor do if he cannot return the receipt to the debtor? For example, when the receipt is lost. In these cases, the lender draws up a special receipt of acceptance of the debt from the borrower.

This receipt indicates the reasons why the creditor cannot return the debtor's receipt to the debtor. And, again, the creditor records in writing that the debtor has paid off the debt and there are no claims against him.

Such a receipt drawn up by the creditor, the debtor will be obliged to accept instead of his receipt. And if the debtor does not do this, he will be considered guilty of failure to repay the debt.

I BROUGHT YOUR MONEY BUT...

2. The debtor has the right to require the creditor to perform actions confirming the next payments on the principal debt and interest payments.

Such confirming actions of the creditor may include:

Preparation by the creditor of the Act on acceptance of payments;
- issuance by the creditor of a receipt or certificate of acceptance of payment;
-signature of the creditor in the Debt Recovery Plan.

Please note that the debtor is not obliged to take the word of the creditor. After all, the creditor took a receipt from him. And, therefore, the debtor has the right to demand from the creditor confirmation of the facts of the next payments on the debt. Even if it was not written in advance in the receipt.

Is the debtor entitled to delay the next payments on the debt, if the creditor refuses to issue him documents confirming these payments? The answer to this question depends on the specific circumstances.

And most likely, the court will decide this issue. Therefore, each creditor should know that the judge will definitely ask him: “Why did the creditor refuse to issue a confirming document to the debtor about the next payment?”

Namely, the decision of the court in favor of the creditor or debtor will depend on the answer to this question.

We continue to consider the rights of the debtor under IOUs.

AND YOU WILL ANSWER FOR THE GOAT!

3. The debtor has the right to demand compensation for losses and compensation for moral damage from the creditor. If the creditor caused property and moral damage to the debtor.

For example, a creditor is hired to knock out debt collectors. They began to intimidate the debtor and threaten reprisal. So, they will be imprisoned, and the debtor can sue the creditor for compensation for moral damage.

And the amount of such compensation may not be less than the amount of the debt not returned by the borrower.

DID YOU PROMISE TO LEND ME MONEY!?

Finally, let's shed some light on one more question. Does the debtor have the right to demand the issuance of the promised debt from the creditor?

No, not right. Because, as under Russian law (the Civil Code of the Russian Federation), the promise of the creditor to issue a debt has no legal force. Regardless of whether such a promise was made orally or in writing.

We note in particular that this rule applies only to relations for the provision of money in debt between citizens.

If, however, it was not a citizen who promised to lend money, but a bank, and this is prescribed in the loan agreement, then the borrower has the right to demand that the entire loan amount be provided to him.

Since, unlike citizens, banks are professional participants in the financial market and bear increased responsibility for their actions.

These are the standard rights of debtors on receipts.

In addition to the rights already discussed, the rights of the borrower include the following group of powers of the debtor.

AND OBJECTS WILL OPEN YOUR SECRET MEANING…

1. The debtor has the right to demand from the creditor a detailed explanation of the terms of the receipt.

Basically, it is in the interest of the lender. Since, then the debtor will not be able to claim that he, they say, is not legally savvy. And the evil and bad creditor took advantage of this and slipped him a receipt with cannibalistic conditions.

Let me remind you that the text of the receipt must be prepared by the creditor. And the debtor will write a receipt from the prepared template on his own behalf and with his own hand.

And if something is not clear to the borrower in the terms of the receipt template, then the creditor is obliged to clarify in detail to the debtor the essence of the issue that is incomprehensible to him. And of course, one should not keep silent or hush up the nuances of the receipt.

It is better for the creditor to explain the most stringent conditions of the receipt to the debtor on his own initiative. And not just once. In the presence of witnesses.

Suppose the creditor evaded answering the debtor's questions. For example, he laughed it off. Or he promised to clarify everything later, when the debtor signs the receipt.

Subsequently, such behavior can play against the creditor. If the borrower can prove that the lender evaded his request to clarify the terms of the receipt. For example, witnesses will confirm this.

And then, the creditor will plunge headlong into an exhausting legal battle with the debtor. Which can last for years. 3-5 years, as court practice shows. And how much money will be spent on lawyers and fees. And how much nerves all this will cost the lender.

So, one should not hide from the debtor the true meaning of the terms of the receipt. On the contrary, it is better, on your own initiative, to enlighten the debtor on each item of the receipt. And do it in front of witnesses.

GET REVERSE! I DID NOT SIGN UP FOR THIS!

2. The debtor has the right not to fulfill the unreasonable demands of the creditor.

The creditor can demand from the debtor only what the debtor signed in the receipt. If suddenly the creditor begins to compose any additional obligations for the borrower, then the debtor can safely ignore such innovations of the creditor.

If the creditor persists, the debtor may apply to the court with a request to prohibit the creditor from making unreasonable demands on him.

Therefore, any change in the terms on which the debt was originally granted is permissible only with the consent of the debtor. If the creditor wants to change the terms of the receipt, then this must be done by reissuing the receipt.

If the debtor does not agree to change the terms of the receipt, you can make him a small concession. For example, slightly reduce the amount of interest. Or slightly increase the repayment period. Or write off some of the fines.

Before we continue the review on the subject of the right of the borrower, it should be noted that the power of the debtor in question has another side. The fact is that the receipt cannot provide for all the issues that may arise in the relationship between the creditor and the debtor.

And when, nevertheless, such questions arise, and the receipt does not regulate them, then the Civil Code of the Russian Federation comes into play. Therefore, not always the requirements of the creditor to the debtor that do not meet the conditions of the receipt will be unreasonable.

When the creditor believes that he is right and his demands are justified, then he needs to indicate to the debtor an article of the law, mainly the Civil Code of the Russian Federation, which will confirm the creditor's point of view.

CONSENT IS A PRODUCT OF NON-RESISTANCE OF THE PARTIES.

3. The debtor has the right to offer the creditor to change the terms of the receipt.

Of course, the lender may not agree. But if this is an insignificant change in the terms of the receipt, then it is recommended that the debtor go to a meeting. For example, often borrowers ask for a small delay in regular payments for 2-3 days.

At the same time, it is not necessary to change the text of the debt receipt. Since the creditor meets the debtor's request as an exception, it is enough to agree verbally. Thus, the creditor teaches the debtor to at least contact him and, thereby, warn if the debtor does not meet the deadlines for the next debt payments.

When the debtor asks for serious changes in the terms of the receipt, the creditor must calculate his benefits. For example, the debtor asks to borrow an additional amount of money. The creditor may agree, provided that the debtor provides him with a pledge already for a new, common with the previous loan, the amount of the debt.

Thus, one should not irrevocably and immediately refuse the debtor in his proposals to change the content of the receipt. It would be more correct for the creditor to make a concession to the debtor in exchange for a general improvement in the terms of repayment of the debt.

In particular, such improvements as the provision of additional guarantees for the repayment of debt. For example, a pledge or surety.
Or reducing the time for repayment of regular debt payments.

Benefits of IOUs.

In addition to an IOU, a debt can be formalized by a loan agreement, a bill of exchange, or an obligation of the debtor. Let's take a closer look at each of these options.

A loan agreement is a more complex structure than a receipt. Like any agreement, the loan agreement is drawn up in two copies. To correctly draw up a loan agreement, a minimum level of knowledge about the rules for drawing up agreements is required.

In general, a loan agreement is ideal if money is being loaned between organizations, also referred to as legal entities. Or if the money is borrowed by a citizen of the organization or vice versa.

A promissory note can also be used to issue a debt. However, for this you need to be a specialist in bill of exchange law, which is considered a difficult matter even among lawyers. So, it is enough to indicate incorrectly or not to indicate one of the obligatory details of the bill and it is declared invalid.

The obligation of the debtor is one of the types of notarial deeds (documents). And for its registration will have to visit a notary. And this will take time and a certain amount to pay for notary services.

The advantage of the obligation of the debtor is that if the debtor fails to repay the debt, the creditor does not need to go to court. At the same notary, an execution inscription is made on the Obligation and the creditor presents the Obligation to bailiffs. Which begin the inventory and seizure of the debtor's property.

By the way, the ability to bypass the trial is typical for all documents certified by notaries. But, as already mentioned, the main idea of this blog is to create such conditions for the debtor to repay the debt in good faith. Without courts and bailiffs.

In addition, the debtor may not have property. It is not excluded the situation when it is not known where the debtor is located. Therefore, the described effect of skipping the trial stage will not work in all cases.

Now let's compare the IOU with the three alternatives analyzed.

Compared with a loan agreement, a bill of exchange and a debtor's obligation, a receipt has the following advantages: it is a simpler and more understandable document for an ordinary person.

IOU does not require special legal knowledge. It is drawn up very quickly and enters into legal force almost immediately after it is drawn up.

The receipt does not require additional costs for legal advice and payment for notary services.

The highlighted advantages of IOUs make them the best instrument for formalizing the transfer of money in debt between citizens.

Therefore, if money is lent by a citizen to a citizen, then the author of the blog recommends using, namely, an IOU. and not complicate the relationship between the creditor and the debtor with other options analyzed in this post.

Disadvantages of IOUs.

The disadvantages of IOUs are the advantages of IOUs taken to an extreme, which we discussed above.

Such a merit of IOUs, as their simplicity, should not give the impression that the receipt is a mere trifle, elementary.

IOU is simple and understandable only in comparison with more complex debt processing options. Such as loan agreements, bills of exchange, obligations of the debtor.

The preparation of an IOU, of course, is preceded by preparatory work that must be carried out by the creditor. This is, at a minimum, the study of the debtor's passport, risk assessment, this is the choice of the best, for the given circumstances, terms of the receipt, drawing up a receipt template.

The receipt itself must be written in clear handwriting, the text of the receipt must be logical and consistent in a single style.

If the creditor does not prepare in advance for issuing a debt on receipt, then problems of various kinds are provided to him.

Such an advantage of IOUs, as the speed of their preparation, does not mean that a receipt can be drawn up in a hurry, which is called "on the knees." Of course, a receipt is drawn up and signed quickly.

But, first, the creditor must prepare a template, a sample receipt with conditions that meet his interests. This receipt template is provided to the debtor and he rewrites it by hand.

Thus, it can be considered that a receipt is drawn up quickly if the creditor has already prepared a receipt template. When there is no such template, the creditor needs to postpone the preparation of the receipt, for example, to the next day. And prepare a receipt. And in no case can you trust the drawing up of a receipt to the debtor.

But it is not necessary to make the entry into legal force of the receipt an end in itself. Do not forget that the main goal of the creditor is the conscientious repayment of the debt by the debtor.

As a rule, the receipt is considered accepted by the creditor and entered into force when the creditor has read the receipt, took it and transferred to the debtor in exchange for the amount of the debt. Therefore, one should not rush to immediately transfer the money to the debtor, before the creditor reads the receipt and it suits him in content.

If the creditor is not satisfied with something, he refuses to transfer the money to the debtor. And the receipt will not enter into force until the debtor corrects the receipt, as the creditor needs it.

One of the advantages of IOUs is the absence of additional costs for legal advice and notary fees. However, legal advice should not be avoided in all cases.

If the creditor is not sure about some conditions that he wants to include in the receipt, or does not know how to implement his idea in the receipt, then it is better to consult a lawyer. And don't be self-employed.

Another advantage of IOUs is that their preparation does not require special legal knowledge. Of course, it is not necessary to be a certified lawyer to draw up a receipt.

And if the creditor wants to control the situation and the debtor, then it is obvious that he must understand the various intricacies of IOUs. Only a competent creditor can be an effective creditor. Competence comes from new knowledge and experience in its application.

It should be remembered that an IOU is great ONLY for processing the transfer of money in debt between citizens. Therefore, it is not necessary to apply a receipt in all cases. For example, when a citizen lends money to an organization.

Loans in which at least one of the parties is not a citizen are drawn up with other documents and a receipt is not suitable for such cases.

Let's summarize the above. It should not be assumed that a quickly drawn up and cursorily reviewed IOU by the creditor will in itself ensure a conscientious repayment of the debt by the debtor.

There is no need to abuse the advantages of IOUs and bring these advantages to the point of primitivism. Because then these advantages will turn into disadvantages of IOUs.

IOU: a broad view.

A receipt most often confirms the fact that funds have been received under a loan agreement. However, receipts are common not only in relations associated with the transfer of funds, but also in relations associated with the transfer of other things, certain generic features.

Article 808 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) establishes that: “In confirmation of the loan agreement and its conditions, a borrower’s receipt or other document may be presented certifying the transfer of a certain amount of money or a certain number of things by the lender to him.”

What is an IOU? Most will answer that a receipt is a document. And they will certainly be right. However, this is too narrow, one-sided understanding of the IOU. But let's talk about this in order.

So, traditionally, an IOU is a written DOCUMENT written by a debtor and issued to a creditor in exchange for an agreed amount of debt.

In this light, a receipt is a documentary, written evidence of a legal fact - the issuance of a debt by a creditor to a debtor.

And if the creditor needs to confirm the fact that the money was handed over to the debtor (for example, in court), then, precisely, the IOU will prove that the money was transferred to the debtor.

So, the first concept of the term "promissory note" implies that a receipt is a document of written evidence, including judicial evidence.

The following concept of an IOU treats it as an OBLIGATION OF THE DEBTOR. That is, in the receipt, the debtor undertakes to perform certain actions in favor of the creditor. Like: repay the debt, pay interest and others.

Obligations of the debtor reflected in the receipt have legal force. And if they are not fulfilled, the debtor can be forced, again through the court, to fulfill the obligations assumed.

So, the second concept of the term "promissory note" implies that a receipt is a legal obligation voluntarily assumed by the debtor to perform certain actions in favor of the creditor.

The above definitions of IOU are mainly used in articles and other sources on the topic of IOUs. Let's see how much the analyzed formulations of the concept of IOU clarify for the average person.

Firstly, it is clear that the receipt will come in handy in court as written evidence of the transfer of money on loan. Secondly, the receipt will help through the court to force the debtor to fulfill the violated conditions for repaying the debt.

As we can see, these concepts of an IOU are associated with a situation in which the debtor has already thwarted the normal repayment of the debt and the creditor is forced to go to court.

But the creditor, at all, is not interested in bringing the case to court. The main thing that worries the creditor is the repayment of the debt by the debtor on time and in full. No courts.

In order to guarantee the repayment of the debt by the borrower, the creditor needs to understand the term "receipt" from a different angle. Namely, consider the receipt as a tool for managing the behavior of the debtor.

Receipt as a debt management tool.

To illustrate the concept of a receipt as a management tool, let's see how the delivery of a debt against a receipt occurs in the vast majority of cases.

So, the debtor draws up a receipt that he borrows, for example, 100 thousand rubles for 1 year. In the receipt, the debtor also fixes a number of his obligations. As a rule, this is a standard set of obligations, which includes the obligation to repay the debt by such and such a number and the obligation to pay interest.

As we can see, the very legal fact of transferring money in debt is recorded in writing by a receipt. Further, the debtor voluntarily undertakes to take actions to repay the debt. Thus, the receipt is implemented both as a document and as an obligation of the debtor.

And now the question is: will the debt be returned without problems on such a receipt? The answer to this question is this: the creditor will be lucky if the debt is returned without various violations. But why? After all, the receipt is drawn up and confirms the delivery of money to the debtor and contains his obligations to repay the debt.

The fact is that drawing up a receipt with the standard obligations of the debtor is just a minimum requirement that will allow the creditor to protect his rights in the future in court. But for a conscientious repayment of the debt, the simplest variants of receipts are clearly insufficient.

Obviously, as already noted, the creditor is not at all interested in litigation with the debtor. The main thing for him is a conscientious repayment of the debt by the borrower. And for this it is necessary to include in the receipt conditions that will allow the creditor to control the behavior of the debtor.

The creditor can skilfully lead the debtor step by step from the delivery of the debt to the full repayment of the debt. At the same time, the debtor will not even suspect that he is under the skillful guidance of the creditor.

This result is achieved by supplementing standard receipts with special conditions aimed at managing the debtor. The author of the blog talks about these conditions in his books and seminars about receipts or during the consultation process. It will be possible to get acquainted with individual methods of managing the debtor's behavior on the pages of this blog.

So, an IOU, as a management tool, is a set of special conditions and techniques aimed at conscientious repayment of the debt by the debtor.

Registration of debt receipts

The receipt is drawn up personally by the Debtor by hand. More precisely, it is not compiled, but rewritten from a sample prepared in advance by the Lender. This sample can be printed, handwritten, opened on a laptop monitor. The creditor can simply dictate to the debtor the text of the receipt.

Under no circumstances should the Debtor be allowed to write his version of the receipt. The Lender issues money only against a receipt, rewritten from a template previously prepared by the Lender. You can take receipts from the Collection “10 Samples of IOUs” as the basis for the IOU template.

In this case, the text of the receipt must be written in clear handwriting. Since, if you have to collect the debt through the court, then because of the illegible handwriting of the Debtor, the court may refuse to recognize the receipt as judicial evidence confirming the transfer of money in debt.

Therefore, warn the Debtor not to hurry and try to write the receipt in clear handwriting, otherwise you will not accept the receipt.

The receipt must have the name of the document, the date and place of its preparation, and the receipt must contain information about the borrower and the lender (full name, passport details, place of registration) as accurately and completely as possible. Without passport data, it will be problematic to establish that the receipt is talking about the borrower and the lender.

The amount of money and the date of drawing up the receipt is written not only in numbers, but also in words, this will help to avoid additions and erasures in the receipt. The date of return of funds specified in the receipt is indicated. If the date of repayment of funds is not indicated in the receipt, then by virtue of Article 810 of the Civil Code of the Russian Federation: “In cases where the repayment period is not established by the contract or is determined by the moment of demand, the loan amount must be returned by the borrower within thirty days from the date of presentation by the lender of the demand for this unless otherwise provided by the contract."

If the loan is not repaid, there may be penalties. If they are not provided for, then the provisions of Article 395 of the Civil Code of the Russian Federation will apply, which states that the lender may collect interest from the borrower for the illegal use of other people's funds in the amount of interest provided for by the refinancing rate of the Central Bank of the Russian Federation.

It is desirable that the receipt be written in front of witnesses, and it contained their signatures. Witnesses in the event of a dispute will be able to confirm the voluntariness and reliability of the receipt.

The receipt must be written by hand by the person who receives the money from it (the borrower), since in the event of a dispute, it is possible that a handwriting examination will be carried out to confirm the authenticity of the receipt. The absence of a signature and the date of drawing up the receipt in the text of the receipt makes the IOU invalid. And if the case goes to court, the court will not consider the receipt as evidence.

After the Borrower, witnesses sign the receipt. The Lender's signature on the receipt is not required.
Signatures in the receipt must be clear and legible next to the signature, its decoding is done (the last name, first name and patronymic are written in full). Borrower's signature can be verified against the signature in the passport. If you are particularly concerned about the repayment of a debt, you can notarize the signature of the borrower.

To avoid problems when transferring a large amount of money and expensive things, we recommend that you draw up a full-fledged loan agreement, in which all the conditions, rights and obligations of the parties would be professionally, in legal language.

The most frequently asked question that arises among citizens who are faced with the preparation of IOUs for the first time is: “Do I need to certify an IOU with a notary?”.

No, don't. And don't be fooled by those who claim otherwise. Moreover, even if the Creditor and the Debtor still decide to certify the receipt with a notary, they will not succeed. But with special concerns in repaying a debt, you can certify the borrower's signature in the notary's receipt.

Notaries do not certify IOUs, but the borrower's signature can be certified. After listening to what the Creditor and the Debtor want from him, the notary can formalize the granting of the debt by a loan agreement or by the Obligation of the Debtor. And it will be notarized, namely, the loan agreement or the Obligation of the Debtor, but not a receipt.

It is possible that the notary simply refuses to certify the receipt, and will not offer to conclude a loan agreement or issue the Obligation of the Debtor. Most often this happens over the phone.

Thus, an IOU has legal force in itself, without notarial certificates and other formalities. And, undoubtedly, the simplicity of formalizing the transfer of money on credit by issuing a receipt by the Debtor to the Creditor is an important advantage of an IOU.

The receipt will have legal force without the signatures of witnesses. But it is categorically not recommended to draw up a receipt without witnesses. Since the Debtor can claim that he did not write the Receipt and did not receive money. Therefore, the absence of witnesses may complicate the protection of the Creditor's interests in the future.

If the Debtor drew up the receipt correctly, the Creditor takes the receipt and hands the Debtor the amount of the debt. The creditor must keep the receipt and return it to the Debtor upon repayment of the debt.

These are the general rules for compiling IOUs.

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IOU Writing Sample - Please or to access this content

Article 808 of the Civil Code of the Russian Federation

Loan agreement form
1. A loan agreement between citizens must be concluded in writing if its amount exceeds at least ten times the minimum wage established by law, and in the case where the lender is a legal entity, regardless of the amount.
2. In confirmation of the loan agreement and its terms, a borrower's receipt or other document may be presented certifying the transfer of a certain amount of money or a certain number of things by the lender to him.

Article 162 of the Civil Code of the Russian Federation

The consequences of non-compliance with a simple written form of the transaction [Civil Code of the Russian Federation
1. Failure to comply with a simple written form of a transaction deprives the parties of the right in the event of a dispute to refer to evidence of the transaction and its conditions, but does not deprive them of the right to provide written and other evidence.

Thus, if you are on the territory of the Russian Federation legally, you should not be afraid of deportation. To get a refund of the debt, you must file a claim with the court at the location of the defendant. It will not be easy to prove the fact of giving money on credit, but it is possible. Since, as far as it is clear from the question, you did not conclude an agreement in writing, then you need to provide any other evidence in addition to witness testimony: correspondence, SMS, voice recorder recordings (in this case, the problem is to prove that the voice on the voice recorder belongs to the defendant, what can be done thanks to the examination), etc. In addition, from the moment you were supposed to be given money, but not given, according to Art. 395 of the Civil Code of the Russian Federation, for the use of other people's money, you must also pay interest. The demand for the payment of interest can be stated in the statement of claim simultaneously with the requirement to return the main part of the debt.

Article 395 of the Civil Code of the Russian Federation:

Liability for failure to fulfill a monetary obligation
1. For the use of other people's funds as a result of their unlawful retention, evasion of their return, other delay in their payment or unjustified receipt or saving at the expense of another person, interest on the amount of these funds shall be paid. The amount of interest is determined by the discount rate of bank interest existing at the place of residence of the creditor, and if the creditor is a legal entity, at the place of its location on the date of fulfillment of the monetary obligation or its corresponding part. When recovering a debt in court, the court may satisfy the creditor's claim, based on the discount rate of bank interest on the day the claim is filed or on the day the decision is made.

At the moment, the interest rate referred to in this article is 8.25% per annum.

Thus, I advise you to go to court and take care of any available evidence. Then the court will take your side.

When lending money to friends, acquaintances, relatives, one does not want to think that the recipient of the loan will subsequently refuse to return the funds. A similar situation may arise with alimony, when settlements between the parties occur on a voluntary basis without the participation of a bailiff, initiation of enforcement proceedings. Former relatives, relying on decency, allow payment to be made later, resulting in debt accumulating.

Unfortunately, in practice, quite often there are cases when certain amounts are temporarily transferred to people you trust, and who subsequently, for one reason or another, do not justify this trust. Everyone can borrow money, but not always at the same time they calculate their strength to return it. Therefore, you need to know what to do if they do not repay the debt, and whether the lender has a way out of the situation.

How to force a debtor to repay a debt

There are not so many legal options for resolving the situation and protecting the rights of the creditor. They are limited to:

Appealing to law enforcement agencies to conduct an audit and, in case of detection of fraud, bring the debtor to responsibility.
Filing a lawsuit to recover a debt.
Achieving mutual agreements between the parties, drawn up in a settlement agreement with the involvement of a notary or a lawyer.

Each of the options is labor-intensive and takes a long time, but at the same time it is within the law and does not entail any negative consequences. If the refusal to return the borrowed funds is due to the difficult financial situation of a girlfriend or other person, the third option will be optimal. This is the most civilized and humane way to resolve the dispute. When drawing up an agreement, the terms for the fulfillment of the obligation in full, the procedure for the installment plan for the return of the amount, the consequences of non-fulfillment of the contract by the party, force majeure, etc., are stipulated.

You can use various methods to collect debt in case of refusal to return it.

To decide what to do if the debt is not returned, they will help in legal advice, the specialist will assess the current situation and choose the best strategy that allows you to do everything as quickly as possible.

How to get evidence of a loan

When lending money, it is worth taking care, if not about the registration of the legal relations of the loan, then at least about the availability of evidence, in case the debtor is “forgetful”, especially when it comes to a large amount of money. Evidence can be the testimony of witnesses, if any were present at the time of the transfer of money, a receipt, etc.

If at the time of the allocation of finances the evidence was not taken care of, then you can get them later, but it is quite difficult, you need to go for tricks and go to the authorities. For example, it is worth contacting law enforcement agencies (submitting an application to the nearest police station) so that they, as part of the audit, evaluate the actions of the debtor for fraud. During the consideration of the application, measures will be taken to establish the circumstances that can subsequently be used as an evidence base.

At the same time, the person who is indebted is aware of the seriousness of the situation, and, most likely, will take the initiative in repaying the debt. If the law enforcement officers establish the debtor's illegal actions (conscious conspiracy to seize funds, etc.), then the latter is threatened with criminal prosecution with all the ensuing consequences.

You can try to record negotiations with the debtor on the return of funds, etc. on the recorder.

Repaying a debt without evidence will be problematic

Repayment of a debt without a receipt in the presence of evidence

The lack of documentary registration of the loan in the form of an IOU or agreement creates significant difficulties in returning funds back. This is because there are problems in proving to the court the amount that was allocated, as well as the fact that a person received it. At the same time, the absence of such a document does not mean a dead end, you can still use one of the collection methods, choosing a specific one is worth taking into account all the circumstances: the availability of evidence, the financial condition of the debtor, etc. You should not forgive the debt, just for the reason that you don’t want to get involved in litigation, you can always entrust the conduct of business to professionals with legal education and experience.

Refund through the court

You can go to court both if the legal relationship was drawn up, and in the absence of a receipt, but subject to other evidence of the existence of a debt.

Protection of the rights of the creditor in court is carried out within the framework of the action proceedings. First you need to prepare an appropriate application and support it with evidence and a receipt for payment of the state fee. Already according to the text of the claim, it is required to support their claims with references to evidence and articles of the law.

Evidence may include:

Recordings, both in audio and video format, where you can see and hear that the borrower recognizes the presence of a debt in one amount or another, or where it refuses to return the funds received earlier.
Correspondence in one or another social network, e-mail, etc.
Notarized loan agreement.
SMS messages.
Testimony, etc.

The list of evidence is not limited and the more there are, the faster the decision will be made and the greater the likelihood that it will take place in favor of the creditor. If there is an agreement drawn up by a notary, there is no doubt that the case will be won, the process will go as quickly as possible.

At the same time, it is worth making sure and collecting evidence of the debtor's solvency, for example, provide a certificate from the official place of work on the amount of wages, etc.

Debts can be repaid through the courts

In a lawsuit, you can also ask to recover from the defendant moral compensation for what is happening, motivated by moral discomfort and experience from the current situation.

If the defendant agrees with the requirements of the claim, then the court can also conclude a settlement agreement. In this case, the parties stipulate a scheme for repayment of the debt in the presence of the court.

A person does not repay a debt, what to do

Collectors are an alternative to judicial recovery, for those who want to quickly and surely. You can contact their services at any time and it does not matter whether the dispute was considered by the court or not. The work of collectors is carried out on a reimbursable basis. The vast majority of such collectors try to work within the legal framework, resorting to methods of dialogue with elements of persuasion, but there are also cases when the collector gets carried away and goes beyond the law. Such actions should be stopped, because harm to the life and health of the defaulter is unacceptable.

Often, harsh methods are resorted to when it is required to collect a card debt, although gambling of this kind in itself borders on the law.

The obsessive, rude behavior of collectors gives the debtor the right to write a statement to the police to qualify the actions of such collectors. Such methods can form a crime, and sometimes more than one, and end with a real term of imprisonment.

You can learn about debt collection from an individual from the video:

Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

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What are the features of the return of debts from individuals without a receipt and witnesses? Is it possible to recover a debt without a trial? Where to order debt collection services without a receipt?

A good friend comes to you and tearfully asks you to lend him a certain amount to urgently repay a loan, for medicines for a second cousin uncle, or for a ticket to a sanatorium for his beloved wife, who needs to immediately improve her health.

You feel sympathy for a friend and lend him money without even taking a receipt. Why formalities - it's your friend! Moreover, he asks for money literally for 1-2 months. You patiently wait, but 2, 3, 4 months, six months pass, and you still don’t see your money.

Surely a similar story happened, if not with you, then with one of your friends. In such a situation, many give up. Friendship is friendship, but I want to return my funds, because they are not superfluous for you.

Is it possible to return the debt if there is no documentary confirmation of the transaction - receipts? And if yes, how to do it? I, Anna Medvedeva, an expert of the HeatherBober online magazine, will answer these questions in this article.

At the end of the article you will find an overview of situations when, alas, it is impossible to return your money. Read carefully and avoid such mistakes.

1. Features of debt repayment without a receipt

Let's say right away - this process is difficult and does not at all guarantee a successful outcome for you. After all, we are talking about actions within the framework of the law, and the law needs evidence. Things that are obvious to you are not obvious to the court - it needs factual evidence.

How to return a debt without a receipt? The algorithm of actions is basically similar to the scheme when you have evidence in your hands.

However, two factors increase significantly:

associated difficulties and troubles;
the probability of an unsuccessful outcome of the case for the creditor.

We will pay special attention to the situation when the funds were not transferred in cash, but were transferred to a bank card or bank account .

In this case, you need to send a claim to the borrower demanding the return of funds that were erroneously transferred. This is called unjust enrichment.

Important!
The claim must be written within 10 days.
If the debtor does not return the money, you go to court with this claim, but you write the statement of claim not to collect the debt, but to return the amount of unjust enrichment. In this case, it will be unrealistic to prove the fact of a loan, but an erroneous translation is quite.
At the request of the court, the borrower will have to provide the basis for receiving funds and, of course, will not be able to do this. The court will then rule in your favor.
How to act in case of borrowing cash will be discussed in the next section.
2. Ways to repay a debt without a receipt - 4 main ways
Even in such a seemingly hopeless situation, there are also some loopholes.
Let's see what ways you can try to recover debts from individuals without a receipt.
Method 1. Solving the problem peacefully
Most often, they do not take a receipt from a person not due to an oversight, but out of trust. Usually money on parole is given to close friends or relatives. Therefore, during negotiations, conscience will act as a working button.
What can be agreed with the debtor, is he does not repay the debt due to financial difficulties:
reschedule payment;
offer payment in installments;
agree to the so-called barter, when the borrower gives you something from the property or provides any services on account of the debt.

Example
Vasily is an individual entrepreneur who runs a building materials store and a team for the repair and decoration of apartments. He borrowed money from a close friend of Sergei to develop the business.
But the next wave of the crisis in the country sharply reduced the turnover of the store and, accordingly, Vasily's income. Now he can not only repay the debt on time, but even name the term of the proposed payment.
Business barely pays off, friendship comes to an end. However, being civilized people and old friends, Vasily and Sergei found a compromise.
They agreed that for the amount that Vasily borrowed from Sergei, he would make part of the repair in a friend's apartment, providing materials from his store and master finishers.
Method 4. Attracting collectors
To delegate debt collection to a third party (collection agency), one indispensable condition is necessary - the fact of the debt must be confirmed by the court. Therefore, this method is possible only after the completion of the trial.
In addition, collection agencies charge considerable interest for their services - up to 50. Not everyone will agree to this.
Let's summarize the data in a table:
№ How to repay a debt without a receipt Probability of Success
1 Settlement of the issue in a peaceful, pre-trial way Low, often very low
2 Initiation of a criminal case on the fact of fraud Low, has 2 outcomes, most often ends in failure
3 Court Pretty high if there is any evidence
4 Collector services Ambiguous, because even with the successful completion of the case, you will not receive the entire amount of the debt, most often only half
3. How to repay a debt without a receipt - step by step instructions
Now let's consider in practice how to repay a debt without a receipt and witnesses.
It is noteworthy that the development of the process depends on what position the debtor takes.
Step 1. Get in touch with the borrower
Even if you have already communicated with the debtor several times before, do it again to clarify his intentions. If the matter cannot be resolved peacefully, take active steps.
The first of these will be a formal claim to the borrower. Send e1 by registered mail so that you have an acknowledgment of receipt. This notice will come in very handy in court.
Step 2. We collect the necessary evidence of the transfer of money
Try to get a receipt from the debtor even when the agreed period for repaying the debt has passed. If this fails, collect other evidence.
These may be:
audio and video recordings of conversations with the debtor about the return of borrowed money;
files with negotiations via e-mail, social networks, via SMS or through other communication systems.

It would be great if there were witnesses to the transaction. Arrange with them about their participation in the course of the case and the trial.
We suggest watching an entertaining video about how people show imagination in order to obtain evidence of the fact of debt.

Step 3. We contact the police and draw up a statement about the fact of fraud
The application includes:
debtor data;
time and place of transfer of money to the debtor;
the period that has elapsed from the date of the promised repayment of the debt;
description of all circumstances.

At the end of the application, state the request for a background check.
These measures are sometimes enough for the debtor to change his position. He will be called in for questioning to identify signs of a crime. This procedure is unpleasant, besides, it threatens to initiate a criminal case.
If the debtor has nerves of steel and such measures do not affect him, the criminal process will be denied. But the debtor can indirectly admit his guilt.
Example
Ivan Smirnov wrote a similar statement against his neighbor Anatoly Kuznetsov, who some time ago borrowed money from him without a receipt, and subsequently refused to return it.
Kuznetsov was summoned for interrogation, where he made a mistake. He began to assert that he did not steal the money, but only borrowed it and did not refuse to return it.
This indirect confession, like all other testimonies, was recorded in the record of the interrogation. Now a copy of the protocol will be one of the main evidence in court.

Step 4. We receive a certificate of refusal to open a criminal process
So, the criminal case on the fact of fraud did not take place. So, you need to start a lawsuit. Together with the certificate of refusal to initiate a criminal case, take a copy of the protocol to the police department.
After that, you can file a claim for the return of the debt through the court.
Step 5. We draw up an application to the court
Make sure your application for debt collection is correct so that you do not have to rewrite it in the future.
A well-written document contains:
details of the borrower and lender;
the amount of debt with interest;
the circumstances of the case;
a description of the steps you took to recover the debt;
list of attached evidence;
date of application and signature.

In parallel with filing a claim for debt collection, we advise you to draw up a petition for seizure of the borrower's property.
Step 6. We provide materials on the case
Attached to the statement of claim is all the evidence that you managed to get. We have already listed them. Do not forget to attach to the package a certificate of refusal to initiate a criminal case and a copy of the protocol.
Well, if you have additional circumstantial arguments.
For example:
information from witnesses of the transaction;
information that on the day that you indicate as the date of the loan, the debtor acquired any property.

In addition, you will need to pay the state duty, and also attach the payment receipt to the claim.
Step 7. We are waiting for the decision of the trial and get our money
Be prepared for the fact that the return of the borrowed money through the court will be delayed. It is possible that more than one court session will be scheduled.
If the court decides to collect the debt by force, then a new stage will begin - enforcement proceedings. Here the work of bailiffs is already to be done.
What to do if the court found that the evidence provided is not enough? In this case, there is another option - appealing the court decision to a higher authority.
In the publication "" read other details of this process.
4. Professional assistance in repaying a debt without a receipt - an overview of the TOP-3 companies providing services
As you can see, the absence of a receipt and other evidence confirming the fact of the debt complicates the process of returning money and significantly reduces the chances of success.
But there are also professional companies that can repay debts without a receipt and will be happy to help you.
1) Lawyer
A unique and unique portal in its field, operating throughout Russia. This resource has brought together more than 16,000 specialists from different areas of law to answer any queries regarding legal practice.
Go to the site in the consultation section and leave your question. For 15 minutes of waiting for a response, look in the archive and study the recommendations for similar cases. If a free general consultation does not satisfy your needs, leave an individual request for a fee.
For convenience and saving time, the site developers have provided a mobile application. Installed on your phone, it will instantly notify you of received messages and allow you to receive an online consultation in any conditions - on the road, on a walk or in the hairdresser's chair.
The site has already been evaluated by many organizations and ordinary citizens who find themselves in difficult situations. But the main thing is not to avoid problems, but to be able to solve them. And here you will certainly find a lawyer who will help you with this.
2) Law firm "Lord"
For individuals, the company provides a wide range of services. They will help you to collect the debt by any of the legal methods, they will take up the pre-trial settlement of the conflict, and they will carry out the bankruptcy procedure. Consumer protection, migration, inheritance and housing law and much more.
Almost any legal assistance at a high professional level is provided to each client in accordance with the contract. You will be protected even from illegal actions of collectors.
Call or write, and the best lawyers of "Lord" will not keep you waiting.
3) Group of companies "Result +"
Here you will be offered several options for solving your problem for free. A professional team of experienced legal practitioners has been dealing with any legal issues and the most complicated situations for more than 10 years.
The company cooperates with state and commercial structures. On the site you will find reviews of many satisfied customers, including well-known and reputable organizations.
High-level specialists will help not only win the lawsuit, but also really get the borrowed funds from the debtor.
5. In what cases it will not be possible to return the debt - 3 situations in which the debt is considered bad
Whatever professional qualities and experience your lawyer has, he is also not omnipotent.
The law provides for cases when it is not possible to collect a debt from a debtor. Even if you have a receipt, confession or other evidence in your hands.
Let's list these situations.
Situation 1. The statute of limitations has expired
You have 3 years to initiate a debt collection procedure. Agree, this time is enough even for the most slow-witted.
If for some reason you have not done this, no lawyer will help you. Forget about the money you once borrowed and start earning others.
Situation 2. The debtor does not have the financial ability to repay the debt
Yes, if your borrower has neither savings nor income, his debts are written off. The same applies to cases where the debtor has no property or is not enough to pay off debts after the sale.

№	How to repay a debt without a receipt	Probability of Success
1	Settlement of the issue in a peaceful, pre-trial way	Low, often very low
2	Initiation of a criminal case on the fact of fraud	Low, has 2 outcomes, most often ends in failure
3	Court	Pretty high if there is any evidence
4	Collector services	Ambiguous, because even with the successful completion of the case, you will not receive the entire amount of the debt, most often only half