You will need
- - an application to the court;
- - IOU and photocopy;
- package evidence.
The Statute of limitations on the debt obligation is three years. During this period, the borrower or the lender have the right to file a statement of claim in arbitration court or court of General jurisdiction with a claim that will prosecute.
If you have taken the funds, you were transferred, you must strictly comply with all the terms and conditions mentioned in the receipt. If you are unable to timely repay the debt, contact your lender and try to agree on extending the term of the loan. Most often, the negotiations lead to a positive result, and to go to court there is no need.
If you are unable to come to mutual agreement and to repay the debt is required immediately, contact a lawsuit in court. Attach to the application original and photocopies of the debt receipts, the package of documentary evidence that you are not able to repay the debt. This can be a help with the employment service where you are registered because of a job loss, a certificate attesting to a long illness that was the cause of your lack of money, etc.
The court will consider the application, submitted the documents and render a decision on the basis of which you legally will be able to repay the debt on the receipt, in a longer period of time.
Debt restructuring can be issued for 5 years. But if you are not able to repay the borrowed funds during this period, your lender has the right to demand to recover the debt by enforcement. Your property will describe the bailiffs, and the proceeds will contribute to the repayment of the debt.
If you wrote a receipt and handed it to the lender, but cash is not received, refer the application to the court. As evidence of your lack of money on the receipt use the testimony of witnesses.
Often there are a situation that witnesses the transfer of receipts was not. In this case, you will receive a permit to hold a record with the lender, which he will not know. Yourself use any kinds of recording devices Russian law allows only in exceptional cases. Such records are accepted for judicial review only after the identification procedure.
A recording of the conversation about what cash you do not receive, shall be a sufficient proof of this.