Collection of debt by receipt through court

It's quite an ordinary situation, when relatives, friends and colleagues are asking for money. Due to the circumstances, there is no opportunity to refuse. Being a prudent person, you make a receipt and give money.

But after a while comes the understanding that no one is going to return the debt. Phone calls without an answer, the door no one opens ... Another attempt to talk about the return of debt does not lead to anything. From now on, your headache begins. How to return money?

There are two solutions. Or you with a sense of self-satisfaction that you have helped your friend in a difficult situation, forget about your duty and, after making certain conclusions, continue to live on. Or, with the statement of claim, you go to the arbitration court.

So, if you have a written confirmation of the transfer of funds, then the return of money is greatly simplified, since the collection of debt by receipt is based on this document. But it is worth noting that if, with such a transaction, you limited yourself to an oral agreement, it's likely that you will not be able to get your money back.

Very good, if the receipt is made according to all the rules: the amount, date of the transaction, terms of return are indicated. But it does not matter if something is written wrong. In this case it will be necessary to send a registered letter to the debtor, where the collection of the debt on receipt is clearly indicated. It is from the moment of receiving this requirement that the borrower's obligations to repay the debt arise.

Here are a few simple rules for writing a written document so that collecting the debts on receipt is not a big problem:

1. The receipt is written by the borrower personally, attention is focused on the fact of receiving money.
2. The passport data of both the borrower and the lender are clearly indicated.
3. Mandatory indication of the date of issue of funds.
4. The loan amount in figures and in words (and also in what currency was issued).
5. Percentage if there was an agreement.
6. Date of refund.
7. Signature of the borrower.

If they still do not intend to return, then it is not worth delaying the claim to collect the debt on receipt. It should be noted that the period for limitation of actions, including in such cases, is no more than three years. And it begins to count from the moment when the money should have been returned.

Collection of debt on receipt includes the right to claim interest on the borrowed amount. If their size is not specified, it is determined at the place of residence of the creditor according to the rate of bank interest (the refinancing rate). Interest should be paid for each month of using the money and until the day the debt is repaid.

Collection of debt on a receipt provides for recovery from the debtor of interest for the use of other people's finances. And they begin to be calculated 30 days after the lender's claimed demand for a refund.

Repayment of debts is far from simple procedure of civil cases, which has its own subtleties and nuances, therefore it is better to give such cases to the hands of experienced lawyers. They will help to compose a suit competently, answer all questions and carry out escorts at the trial.