Debt collection from individuals: important points

Collecting debts from individuals is a very difficult and long-term occupation. There are the following categories of such cases:

1. Dispute over the debt between two individuals.

2. Dispute between a legal entity and a natural debtor.

Litigation between individuals

It is very common for two citizens to enter into a loan agreement. In most cases, these relationships are not documented. Usually borrow money from acquaintances or relatives. And take a receipt as something embarrassing, because people have known each other for a long time. But if it's a large sum, it's a very slippery way. The law stipulates that loans worth more than one thousand rubles must be registered in writing. If you did not do this, you will not be able to give evidence in court that the loan actually took place. And even the presence of witnesses will not help you - there is no document, no evidence. The collection of debts from individuals in such cases is of little prospect. You can advise in this situation to initiate correspondence by e-mail, to ensure that your debtor begins to respond to you. Perhaps it turns out that in the context of correspondence he recognizes that the loan was issued to him and there is a debt. Then your lawyer will be able to build a case on this evidence. Collection of debts from individuals is more successful if there is a receipt. On the basis of Article 122 of the Civil Procedure Code of the Russian Federation, having a receipt on hand, you apply to the court for the issuance of a court order. The court will consider your case, the presence of the debtor is not necessary. The resulting order will be tantamount to the writ of execution. The collection of debts from individuals in this form will not take much time and the fee that will have to be paid will be half as much as in the ordinary court proceedings.

Legal disputes between a legal entity and a citizen

There are cases when the collection of debt from individuals requires organization. For example, an employee has a debt to the employer, or the case is brought against a financially responsible person who has harmed or damaged the organization's property. For such debts there are fewer terms during which the plaintiff can apply to the court. The circle of employees that can be brought to such responsibility is limited.

The most common case now is when a bank collects debts of individuals. As a rule, banks immediately demand the seizure of the debtor's property . If the debt of a citizen is small, it is possible to obtain a delay in repaying the debt, somehow settle the disputed issues in a pre-trial order. In most cases, banks go to meet the debtor and file a claim only if they do not see another way to recover debts from individuals.

In all of the above cases, the existence of a claim for debt collection is only the first step. Now we must somehow get a debt with live money. Sometimes it turns out that the debtor has neither money nor property. A very qualified lawyer is needed here.