How to recover the debt?
Sometimes in life there are situations where debtors do not want to return the debt voluntarily. In this case, you have to resort to drastic measures. How to recover debt from a natural or legal person? The method of recovery depends on the reason for non-return of the debt, the availability of evidence and the circumstances.
Drawing up a letter of claim
The purpose of the letter of claim is to remind the borrower of the need to repay the debt and warn about the subsequent recourse to the court. Often, such a notice helps resolve the dispute peacefully, as the cause of non-repayment of debt is simple negligence.
The claim note is written in the official style and must contain the following information:
- amount and type of debt;
- debt repayment dates;
- amount of penalty in case of late repayment;
- sanctions that will follow in the event of default;
- possible granting a borrower a deferment of repayment or debt restructuring.
The fact of the transfer of the claim letter must be recorded.
Debt collection through security forces
If the claim letter did not help to collect the debt, you should contact the law enforcement authorities. This method is appropriate when there is no documentary evidence of the fact of a loan of money. The non-refund of money falls under Article 157 of the Criminal Code of the Russian Federation (theft of funds through fraud or abuse of trust).
The application to the ATS must contain
- date, time and place of transfer of money to the borrower;
- circumstances of the situation;
- exact details of the debtor;
- the promised date of the refund;
- information about the administration of the claim note.
In case of refusal to initiate a criminal case, the relevant decision will be issued.
How to recover debt through the court
To recover the debt on alimony or a debt of another nature, you can file a claim in court. The statement indicates the essence of the debt, the amount of the debt, the interest rate. Attached to the application are documents confirming the debt (credit agreement, IOU), a decision not to initiate a criminal case, if any.
If the question is positive, the court will order the recovery of the debt in a compulsory manner and issue a writ of execution.The writ of execution should be referred to the executive service at the place of residence or registration of the debtor. Government executors may impose arrest on the debtor’s property or forcibly recover the debt from his income.
Collection agencies take all the trouble associated with the recovery of debt from the debtor on the basis of the contract. For their services, the company takes a fixed fee or interest rate from the amount of the debt.
For debt collection, collectors use various methods: telephone and written reminders, personal meetings with the debtor, preparation and transfer of materials to the court. Sometimes their actions may be illegal, so you should contact only trusted agencies with a good reputation.
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