Councils of the lawyer how to repay a debt
Take from the borrower the receipt in which specify a full name, passport data of both parties, and also the loan sum, date of return of a duty. If as a loan you give money under percent, in the receipt also specify the discussed rate. It is desirable to make the receipt with own hand at your presence that it was not necessary to examine handwriting in case the borrower will argue that he did not sign the receipt. According to Russian Federation Group the debenture can be made in a simple written form without the certificate by the notary. But for the safety you can certify this receipt notarially. If the duty does not exceed 10 minimum wage rates, to prove in court it it is possible and without receipt drawing up, and by means of indications of witnesses.
Send to the debtor a claim or the prevention that will bring an action the claim if date of loan repayment expired. A claim send in writing for confirmation in court that you took all measures for return. State duty payment, expenses on the lawyer will be assigned to the debtor that it is also necessary to specify in a claim.
If the borrower did not return money to the stipulated terms, make the claim in which specify expenses on the lawyer, state duty payment, percent taking into account inflation. Term of limitation period is counted from the date of the last receiving money and makes three years. It is necessary to check, whether expired the specified term.
Ask court to arrest property of the debtor to provide your claim requirements. Courts of law, and also world courts will consider the claim about collection of debt between individuals, arbitration courts – between legal entities. The claim goes in a residence of the borrower. Address to court enforcement officers to raise executive production in relation to your debtor after you receive a judgment.
You can address in prosecutor’s office or to the higher management to appeal against actions of court enforcement officers if they evade from performance of the duties. You can address for the help to the lawyer who will help to repay a debt. All expenses on the lawyer, and also a legal cost are compensated by your debtor.
Case from practice.
As a result of business recently won by me on collection of debt the client could return the large sum which could not receive independently within three years. The statement of claim was submitted by me with the statement for arrest of personal and real estate of the debtor for collecting the main amount of debt, percent, and also a legal cost. At once after a judgment the service of executive police officers in which we addressed, raised executive production. As a result my client received the money which so unsuccessfully for a long time tried to return.