How is the debt collection procedure carried out through the court

Debt is not always repaid by the borrower in a timely and voluntary manner. Often, creditors are forced to resort to a court of law, which, after reviewing the case, establishes a certain order of debt collection. The order has the following content.

1. Communicating the lawyer with the debtor about his intentions to repay the debt.
2. Sending an official letter to the debtor with a demand to return the debt.
3. The transfer of documents to the court in the absence of a response from the debtor.
4. Submission of the claim to the court within 1 month from the beginning of the delay in the debt.
5. Conduct of the trial and the appointment of a decision. Http://www.zaousb.ru/vozvrat_zadolzhennosti/

The applicant must submit the following documents to the court:

- application by model

- passport with photocopies of all pages - original evidence that is the basis for the trial - a receipt for payment of the state duty for the conduct of the judicial procedure - if there is a lawyer a document certified by a notary giving the lawyer the right to defend the interests of his principal in court

- refusal of the debtor to pay in writing

- A certificate confirming the legal capacity of the debtor's mental sanity.

A statement of claim filed with a court is studied and processed by a specialist at the first stage. Then the time and date of the case are determined, after which a corresponding decision is made.

The court takes into account the interests of not only the plaintiff, but also the defendant, as well as the reasons for the delay in arrears. The adopted decision is subject to challenge when the debtor applies the appeal within 10 days. In the presence of an advocate, the interests of the defendant can be examined by the collection and appeal bodies. After passing the second instance, the court decision comes into legal force.

After this, the creditor is issued an enforcement sheet to collect the debt. It is from this moment on that arrears begin to be collected. The chances for debt recovery depend on the situations in which the debtor is located.

If the debtor can not pay due to financial difficulties, or simply does not want to pay, the probability of a debt repayment is large. It is more difficult in those cases when the debtor turns out to be a fraud or even leaves the city and his whereabouts are unknown, then it simply disappears to sit down. Also, there is a pre-trial order for debt collection.

Having a qualified lawyer to settle conflicts is possible even before the trial. It is important to properly negotiate, justify the position of the borrower, find alternative solutions to contentious issues relating to payments. Perhaps, it is necessary to make concessions and offer the borrower installments on payments on favorable terms. In some cases, the chances of a debt repayment increase many-fold, and the debtor is slowly beginning to pay off his debt. As methods of collection, the holding of negotiations between the parties, the behavior of claim work, mediation with the debtor, or the recovery of a debt on the basis of a settlement agreement. Thus, following clear instructions and with the availability of an experienced lawyer, one can come to a concession that will suit both parties and the debt will be paid in full.