You will need
- - an application to the court;
- - passport and copy;
- - contract or promissory note and the copy;
- package reliable evidence (if the IOU or contract is not available).
If the contract or promissory note you have, and the debtor does not return the debt, contact the court of arbitration. Apply, please attach a copy and original of your passport, a copy of the original debt deal. The deadline for the return of any debt is three years, so do not delay going to court.
On the basis of a court order you will get your debt. The debtor will pay under compulsion. Additionally, he will have to pay the amount of liquidated damages in the amount of 0,1% of the debt at the refinancing rate of the CBR at the time of litigation and moral damages, if the payment you stated in the statement with the appeal to the court.
If you have no agreement or debt deal and the debt you have given, believing in the word, then you can return the entire amount, if you provide the court with credible evidence that the funds or other assets were transferred to the debtor.
As evidence you can use the testimony of witnesses, audio and video recordings of conversation with the debtor about the amount of debt, its return or the transfer of cash or other valuables. If the court finds the evidence convincing, then they will be equal to the contract or document, and the entire debt will require it of him forcibly.
More legitimate ways of debt repayment exists. You have no right to "knock out", to threaten, to use other illegal methods to assign its rights under the debt repayment to third parties in the face of collection agencies or other organizations.
If you will use illegal methods to repay the debt, sooner or later, can be in the dock. Also to repay debts by illegal means rarely succeed. Using legitimate methods of debt collection, you are much more likely to obtain the whole issued amount in full, even if the debtor has no income, because of a writ of execution to the bailiffs have the right to make an inventory of available property and sell it at auction or to arrest a Bank account.
Advice 2: How to collect a debt from the debtor
Giving money to the debt, you must be prepared to ensure that the borrower will refuse to repay. In this case, every lender should know the basic rules that will help him to knock the amount due. If you maintain composure and common sense, we can solve the problem quickly enough.
Always execute a loan credit agreement or the debtnovel receipt. These documents must be spelled out the amount of the transferred money, the interest on the loan, repayment period, and full data on both sides. Specify force majeure and stipulate penalties in case of violation of the terms of the agreement.
Keep calm and common sense, if the debtor refuses to repay the debt. It is not necessary to panic and get angry, these emotions will not help solve the problem but will only aggravate the situation. Talk with the borrower and discuss the situation.
Remind him of the terms of the contract and specify the articles of the Civil code that oblige him to pay the debt. Agree on measures that will help you to recover the debt without prejudice to the financial condition of the borrower.
Write a complaint letter to the borrower if he continues to ignore your demands for the payment of the debt. Specify the amount of indebtedness, terms of repayment and note the consequences of default specified in legislative acts and the terms of the loan agreement. Send the letter by registered mail. Save the shipping receipt, which will be the material evidence in case of litigation.
Filed a lawsuit in the court for the debtor, specify the amount of the debtand attach all the necessary documents that confirm the indebtedness. Will get a writ and a judgment for the recovery of the borrowed amount plus accrued interest.
Present to the debtor the writ of execution, which obliges him to pay the debt. This can be done independently or through a bailiff. The second option is more preferable as it does not require you to spend your own time and nerves to resolve disputes. If the debtor cannot be found at the place of residence, contact law enforcement and file a report on his search.