Everyone knows the situation when it is necessary to borrow money to colleagues, friends or relatives. At the same time, the receipt from the debtor is taken by ones, the rest are guided by the fear of being ashamed for distrust of a close person. But afterwards, when all the terms of repayment are coming to an end, and the debtor is not in a hurry, the absence of written agreements on the loan may prevent the calm sleep of the one who lent his blood. How to repay the debt, if there is no receipt and is this possible in principle?
Is it worth doing anything?
In most cases, citizens who risk being left without money are starting to behave in a wrong way, than they only aggravate their situation. Some are eager to immediately apply to the courts or ATS, others try to intimidate the debtor and regain their strength.
Another way out is the acceptance of the situation as a due and a mental farewell to the money. Grief-creditors are sure that even repaying a debt on receipt through court is not an easy task, not to mention the circumstances when the main proof of a loan is missing.
Any of these tactics is doomed to failure. However, it is still necessary to act, because even according to the decision of the Supreme Court, personal money must be returned, if this is not a gift. And although the one who lent it, waiting for difficult litigation, he still has a chance of success. Consider practical advice and recommendations that will prompt how to get the debt repaid without a receipt.
Step One - Peace Treaty
As a rule, debt is not given to unfamiliar people. The debtor usually becomes a relative or close friend. In this case, it will not be superfluous to try to settle the situation peacefully. It is necessary to take an interest in the motives of non-return, once again discuss terms and conditions. You can try this time to draw up a receipt or a loan agreement.
Obtaining such a document changes the essence of the matter at the root, because there is already official proof of the fact of the transfer of funds by one person to another, with dates, dates and amounts. Then the question of how to repay the debt without a receipt and witnesses, disappears automatically.
If there is no one to go to the world, the debtor hides or actively avoids meetings and conversations, then it is necessary to proceed to the next step.
Step Two - collecting evidence
Some citizens are sure that they know how to repay the debt, if there is no receipt, but there are witnesses. In their opinion, it is possible to apply to the police for the purpose of filing an application to initiate a case, and attach the testimony of witnesses to the application as proof of the fact of the loan.
In fact, starting a lawsuit on the appropriation of personal funds by deception or abuse of trust is a normal practice. But the testimonies of witnesses in this case are not considered as evidence, and in 99% of cases the application will be rejected.
It is necessary to begin to collect evidence of the fact of lending money. The main task is to fix the contact with the debtor using technical means or on paper. Suitable for any options - SMS, correspondence from social networks, record conversations. It is important that in these contacts the persons mentioned the loan, its terms and conditions, methods of return and so on. The more it is possible to collect "evidence", the more chances to get back.
What is taken as evidence
In court, video and audio recordings are considered, in which facts of lending money are fixed. Well, if in the record the debtor calls himself and his data, so that the authorities do not have doubts.
Suitable printouts of detail, SMS, screenshots of correspondence from social networks and e-mail. If the correspondence is too long, then an electronic medium is allowed. All this must be certified by a notary regardless of the content. Notarial protocol involves a personal inspection by an employee of the office of the computer from which the correspondence was made.
You should pay attention to the method of transfer of funds. Today, bank transfers through the mobile bank or other electronic payment system are increasingly used. If possible, a printout should be made, where the amount and date of transfer with the purpose of payment will be indicated.
In order to collect all the data, you have to spend time and money. That's what the decision to give money to without a receipt can turn out. How to repay a debt when you have all the documents and printouts on hand? We pass to the third step.
Step Three - Address to the ATS
Collecting all the evidence and facts, a citizen can be sent to the police for the purpose of filing an application. Then everything can turn as follows. Option one - the application is accepted and filed for subsequent transfer to the court. Option two - failure. If the police does not accept the application, it will be possible to find out about the fact of official refusal in the proceedings within 24 hours.
How to return the debt, if there is no receipt, and the ATS refused to accept the application? It turns out that even in the event of a refusal, there is a chance of a return. First, such a result can be challenged. Secondly, the law does not prohibit in this case the filing of an application for civil proceedings on the fact of non-return of debt. Then you should go immediately to court.
Step Four - Application to the Court
In order to apply to the court and issue a statement on the initiation of the case, it is necessary to pay the state fee. Its amount will not exceed 60 thousand rubles, but it can still be very significant. So, for example, for the amount of debt of 50 thousand rubles, the state fee will be at least 1,700 rubles.
Further it is necessary to fill in the application form and indicate all the documents that can be attached to the case (collected evidence). After this, you should wait for the judge's decision.
The filing of an application with a court does not guarantee that the production will be automatically launched. Within 5 days the judge will decide whether to initiate the case or will refuse. Also, the application can be returned or frozen. All this is accompanied by official written notifications.
Certain issues that the applicant will face will be too incomprehensible or difficult from a legal point of view. If the amount of debt is large and worth all the hardships, it is better to contact a qualified specialist. The services of a lawyer will not be expensive, but there will be a guarantee of a positive result, because in general the law is on the side of the applicant.
The court is on the side of the applicant. What's next?
If the court took the case to consideration and decided on the need for reparation, you can count on success. True, the debtor has the right to appeal the decision of the court. If he does not plan to do this, the case goes to the bailiffs, and they begin enforcement proceedings.
To ensure that this process does not last for years, periodic visits to the bailiff service should be made. Those, in turn, are obliged to collect data on the financial position of the debtor and possible ways of repaying funds on his part. So, the availability of real estate, valuable property, accounts and deposits will be checked. Bailiffs can prohibit travel abroad or arrest the debtor's accounts.
How to repay the debt on receipt
From a physical person they must take a receipt if the debt exceeds the minimum wage by 10 times. The document must contain personal data of both parties, the date of drawing up, the amount of debt in figures and words, conditions and terms of its return. In the receipt you can specify the conditions for penalties for non-return on time and the total interest for using other people's money. This is not an obligatory condition, and it is rarely applied in practice, but allowed by law and will be taken into account by the court. The receipt necessarily includes signatures and transcripts of signatures of both parties.
Let's say that all the formalities were observed, and the citizen lent to the receipt. How to get money back if the conditions of the receipt were not met? You can go to court. To tighten with the process is not necessary, since the document has a shelf life of 3 years from the date of the alleged loan repayment.
Then the same procedure takes place as with the repayment of debts without a receipt. With one difference - the collection of additional documents and evidence in this case is not required. The receipt must be submitted in two copies.
So, we figured out how to repay the debt, if there is no receipt. This process is not easy, but the creditor has a chance of success. The main condition is the availability of evidence and facts of the transfer of money in debt. The more evidence is collected, the higher the probability of a refund.