We execute the statement of claim for debt collection

Debt good turn deserves another. If you borrow money and want to be returned, take a written commitment from a person. Such a document is called a receipt.

Receipt - the obligations of the parties in writing, which, if necessary, can be considered in court.

In order to guarantee a 100 per cent collection of the debt on receipt, you can assure her of the notary. By law, this is not necessary, but a certified document is preferable to the court.

The receipt is drawn up by the borrower by hand. To identify this person, one of his signatures may not be enough, so it is better that the document contains the names, surnames and passport details of two independent witnesses of the fact of lending money. If you have to write a statement of claim to collect a debt on receipt, these people will testify in court.

There is no standard for making a receipt. But in this document, drawn up in an arbitrary form, there must necessarily be complete information about those who appear in it. It is necessary to indicate the names, surnames, patronymics, addresses of actual residence and registration, passport data. The amount of money should be written in numbers and letters. In the document it is necessary to specify for how long the money is borrowed and when their full return should occur. The receipt also requires the date of its compilation, the signatures and their decoding.

In the loan document, interest rate and penalty for late refund can appear.

Some citizens demand from borrowers the presence of guarantors - people who, in the event of problems, will be able to pay in their place.

If the recommendations outlined above are taken into account when drafting the receipt, it is to be hoped that in case of a violation of the debt obligations , the claim filed against the court to collect the debt will be considered and satisfied.

If the borrower does not return the money on time, you should warn him orally several times that responsibility for this is stipulated (Articles 808 and 812 of the Civil Code of the Russian Federation). If, after this, the contract is still violated, it is better for the lender to draw up a written claim and send it to the borrower with a notification of receipt. This document should indicate that the maturity of the debt has expired, and in accordance with articles 395 and 809 of the Civil Code of the Russian Federation, interest increases. In the claim it is worth to write and that in case of refusal to resolve the matter peacefully, a lawsuit will be sent to the court to recover the debt. The claim is made in two copies and on the basis of the receipt is certified by a notary.

After the judge has considered the claim for debt collection, receipt and claim, he can solely make a decision on the return of money by the borrower. This is called a court order (Article 122 of the Code of Civil Procedure of the Russian Federation). Such a solution usually requires no more than five days.

When the bailiffs come to the borrower for money, he may disagree with the judge's decision and appeal the order within ten days. In this case, the lender will again have to file a suit with the court to collect the debt. In order to take into account all the nuances of the legislation and correctly draw up this document, one should turn to an experienced lawyer.