Sample claim for recovery of money on receipt. The correct sample statement of claim to the court on receipt

It became possible to collect debt without a loan agreement. According to the current legislation, a citizen who has lent money without receiving a receipt can prove his case through the court.

Let's take a look at how to file a claim.

Sample applications to the police and the court for the collection of debt without a receipt

Often there are cases when relatives or friends ask for a loan of a certain amount of money.

What are you doing? Of course, help out, they are close people!

But a month, two, six months, a year passes, and they are not going to return the money. It is up to everyone whether or not to hold the debtor accountable. How to return a debt without a receipt?

In accordance with part 1 of Article 159, a citizen who has stolen someone else's property, abusing trust or deceit, will be considered fraudster. To return the money, you must submit an application to the local department of internal affairs.

The document should indicate:

1. The circumstances under which the situation arose. For what purposes the borrower asked for money, in what period he promised to pay off.
2. Who was present at the transfer of money, who can confirm the promissory note.
3. At what time did the transfer of money take place, in what place.
4. All information about the debtor that you know about.
5. How many attempts have been made to negotiate peace.
6. Attachments showing that the defendant borrowed money from you.
7. Request for a crime check. If the document is submitted to the court, then you should ask for the return of the funds due and payment of the state duty.

The application must be made with a cap on the right side, which indicates the data of the body to which you are applying, as well as information about the plaintiff and defendant.

At the end of the document you should put the date of application, your signature.

Note that you must attach evidence to the document, otherwise you will not be able to recover the debt from the borrower. You must indicate them in the annexes to the application sent to the court.

Evidence may include:

1. Video recording of your negotiations, repeated.
2. Audio recording of telephone conversations. Again, it is better that you call more than once. The main thing is that during the conversation the borrower acknowledges his debt, tries to explain why he does not pay and when he can return the funds.
3. A certificate from the operator proving that the borrower's phone number belongs to him. If you are not given this information, your lawyer may ask for it.
4. Internet correspondence, which should be printed and, if possible, certified by a notary.
5. Telegram or written complaint. You can even send a registered letter to the debtor.

According to the Order of the Ministry of Internal Affairs of the Russian Federation under the number 736, adopted on August 29, 2014, your appeal to the Department of Internal Affairs will not go unanswered. You must be told what decision was made in your case - either a criminal case was opened, or a criminal case was refused.

Don't be discouraged if you get rejected. You have every right to file a claim with the court. This is not the first case in civil proceedings. The judge may rule in your favor if the evidence is convincing.

How to write an application for the return of a debt on receipt - rules and sample

An application for the return of a debt under a loan agreement is drawn up in the same way as without a receipt.

Follow these rules:

1. In the "cap" indicate the name of the body to which you are applying, as well as information about you, about the debtor.
2. In the content Describe briefly, but clearly, the whole situation. The main thing is to indicate the moment of receipt of the receipt from the debtor.
3. Specify your requirements. Here you can add a return not only Money, payment of state duty, but also "accumulated" interest on the debt. Of course, the receipt must confirm this.
4. Make a list of applications necessary to prove the involvement of a particular person in the case.
5. At the end of the statement be sure to date and sign.

A sample form of a claim form for the return of a debt under a loan agreement sent to the court looks like this:

Instructions on how to write a claim for debt collection.

What debts are due

In one word, everything. All debts not repaid in the usual way are subject to collection if the creditor so desires. Most often, the layman implies that the debt is money transferred to a relative or friend, which he does not return on time.

In fact, the reasons for the formation of debt can be different. Usually, debt is the result of improper performance of one of the parties to the agreement (including the loan agreement). A debt can be formed when one of the participants in civil legal relations does not fulfill their obligations, does not make any payments (or does not perform actions) established by law in favor of another participant. In addition, harm can also lead to debt.

Most often, citizens apply to the court for help in order to recover debts that have arisen as a result of the borrower's failure to fulfill obligations to repay a cash loan; non-fulfillment by the tenant of obligations under the terms of the lease; violations of the terms of civil law contracts.

What can be demanded in a statement of claim for the recovery of a debt formed as a result of non-fulfillment of the terms of a loan agreement

The Civil Code (Article 807) establishes that a loan agreement is considered concluded from the moment the money or things are transferred. Thus, even if a person lending money to a relative does not think about the essence of the process, from the moment the money is transferred, it is considered that a loan agreement has been concluded between them.

It should be noted that the obligation to draw up a loan agreement in writing rests with the participants in the transaction if its amount is at least 10 times higher than the minimum wage, or if the lender entity.

Article 810 of the Civil Code of the Russian Federation imposes on the borrower the obligation to return the received loan amount. Article 811 of the Code determines that in case of late repayment of the loan, the borrower must pay interest for all the overdue time.

Thus, in the statement of claim, the creditor has the right to demand not only the collection of debts, but also the payment of the corresponding interest.

What information is included in a claim for debt collection?

A statement of claim for the recovery of a debt, like all other claims, is filed with the court in writing in compliance with the requirements of Article 131 of the Code of Civil Procedure of the Russian Federation.

The statement of claim must contain the name of the court; surname, name and patronymic, place of residence of the plaintiff or his representative; information about the defendant, his full name and place of residence or the name of the organization and its address for legal entities; the price of the claim, the calculation of the resulting debt; list of documents attached to the claim for debt collection.

In addition to the above information, the statement of claim must necessarily include a description of the essence of the case, how and under what circumstances the debt was formed, what the plaintiff did to judicial recovery debt. Everything stated in the description must be confirmed. The plaintiff must reasonably prove to the court that the defendant owes him a certain amount and does not return it voluntarily.

The statement of claim is signed personally by the plaintiff or his authorized representative.

What documents are attached to the claim for debt collection?

The list of documents attached to any statement of claim is determined by Article 132 of the Code of Civil Procedure of the Russian Federation. Among these documents are the following:

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The form of the document "Statement of claim for the recovery of funds on receipt" refers to the heading "Statement of claim". Save a link to the document in in social networks or download it to your computer.

Court:___________________________________

Plaintiff: _______________________
______________________________
______________________________________
Respondent: ____________________________
___________________________

Price of the claim: ________ rub. __ kop.
State duty: ______ rub. __ kop.

STATEMENT OF CLAIM
on the recovery of funds

According to the receipt dated _________, the Respondent - _________________, residing at the address:…………………….. received from me money in the amount of __________ rubles __ kopecks as payment for the car.
The terms contained in the receipt provide that the Defendant undertakes to purchase a car for the Plaintiff no later than _________ year.
The defendant did not fulfill his obligations, namely, the car was not purchased within the period established by the agreement.
____________________________ did not return the money.
According to the receipt dated __________ year, the Respondent reconfirmed its obligations to purchase a car for me no later than ____________ year.
By the specified date, the car was also not purchased and the funds were not returned.
According to Art. 807 of the Civil Code of the Russian Federation, under a loan agreement, one party (the lender) transfers money or other things defined by generic characteristics to the ownership of the other party (the borrower), and the borrower undertakes to return to the lender the same amount of money (loan amount) or an equal number of other things received by him of that same kind and quality.
The loan agreement is considered concluded from the moment of transfer of money or other things.
Based on paragraph 2 of Art. 808 of the Civil Code of the Russian Federation, in support of the loan agreement and its terms, a borrower's receipt or other document certifying the transfer of a certain amount of money or a certain number of things by the lender to him may be presented.
The fact of the transfer of funds to the Respondent is confirmed by receipts written by the Respondent in his own hand - ______________
Thus, between me and the Respondent, the Loan Agreement was concluded in full compliance with the law.
However, within the stipulated time and to date, ____________ has not fulfilled the obligations specified in the receipt.
In accordance with Art. 309 of the Civil Code of the Russian Federation, obligations must be performed properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements, in accordance with business practices or other commonly required requirements, and by virtue of Art. 810 of the Civil Code of the Russian Federation, the borrower is obliged to return to the lender the received loan amount on time and in the manner prescribed by the loan agreement.
According to Art. 310 of the Civil Code of the Russian Federation, a unilateral refusal to fulfill an obligation is not allowed.
Based on paragraph 1 of Art. 314 of the Civil Code of the Russian Federation, if an obligation (agreement) allows you to determine the period of time during which it must be fulfilled, then the obligation is subject to fulfillment within such a period.
Thus, in connection with the above circumstances, there are all legal grounds for satisfying my claims and recovering from the defendant, _________, the entire amount of the debt in the amount of _______ rubles __ kopecks.
In addition, according to paragraph 1 of Art. 811 of the Civil Code of the Russian Federation, unless otherwise provided by law or a loan agreement, in cases where the borrower does not repay the loan amount on time, interest on this amount is subject to payment in the amount provided for in paragraph 1 of Article 395 of this Code, from the day when it should have been returned, until the day of its return to the lender, regardless of the payment of interest provided for by paragraph 1 of Article 809 of this Code.
By virtue of Art. 395 of the Civil Code of the Russian Federation for the use of other people's funds due to their unlawful retention, evasion of their return, other delay in their payment or unjustified receipt or saving at the expense of another person, interest on the amount of these funds is payable. The amount of interest is determined by the discount rate of bank interest existing at the place of residence of the creditor, and if the creditor is a legal entity, at the place of its location on the date of fulfillment of the monetary obligation or its corresponding part. When collecting a debt judicial order the court may satisfy the creditor's claim based on the discount rate of bank interest on the day the claim is filed or on the day the decision is made. These rules apply unless a different amount of interest is established by law or by agreement.
If the losses caused to the creditor by the unlawful use of his funds exceed the amount of interest due to him on the basis of clause 1 of this article, he has the right to demand compensation from the debtor for losses in excess of this amount.
Interest for the use of other people's funds shall be charged on the day the amount of these funds is paid to the creditor, unless a shorter period is established for the calculation of interest by law, other legal acts or an agreement.
In accordance with paragraph 2 of the Resolution of the Plenum Supreme Court RF No. 13 dated __________, when calculating annual interest payable at the refinancing rate Central Bank Russian Federation, the number of days in a year (month) is assumed to be 360 ​​and 30 days, respectively, unless otherwise established by agreement of the parties, rules binding on the parties, as well as business customs.
Based on the calculation made, the defendant shall be charged interest for the use of other people's money in the amount of _______ RUB. __ kop.

Interest calculation:

Amount of debt ________ rub. __ kop.

Past due period from _________ to _________: ___ days

Refinancing rate: __% (Instruction of the Bank of Russia dated __________ "On the size of the refinancing rate of the Bank of Russia")

Total: ________ rub. __ kop.

Also, the defendant must recover in my favor a state fee in the amount of _______ rubles. __ kop., which is confirmed by the receipt of payment, because, according to Art. 98 Code of Civil Procedure of the Russian Federation, the party in whose favor the decision of the court took place, the court awards reimbursement on the other side of all the court costs incurred in the case.
In addition, in accordance with Art. 100 of the Code of Civil Procedure of the Russian Federation, the party in whose favor the court decision was made, at its written request, the court awards, on the other hand, the costs of paying for the services of a representative within reasonable limits.
In this regard, ____ rubles must be recovered from the defendant in my favor - payment for the services of a representative, which is confirmed by receipts of KAGM "____".

Thus, based on the foregoing,

PLEASE COURT:

Collect from ___________ in my favor funds in the amount of ________ rubles __ kopecks., interest for the use of other people's funds in the amount of _________ rubles. __ kop., payment costs state duty- ___________ rub. __ kop., payment costs legal services in the amount of ___________ rub. __ kop., and only _______ rub. __ kop.

Applications:

1. Receipt of payment of state duty.
2. Copies of the statement of claim.
3. Copies of receipts.
4. A copy of the receipt for payment of legal services.

__________________

" " ______________ of the year

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According to the procedural code, the lender has the right to initiate the procedure for the recovery of debts that he could not repay as a result of out-of-court negotiations with the borrower. For an ordinary citizen, a debt is a certain amount transferred to relatives or acquaintances and not returned back within the agreed time frame.

The root causes for the formation of debt obligations are varied. They are the result of relations of a financial and legal nature established between persons (subjects). It turns out that the debt is the result of non-fulfillment by one of the parties of the obligations assumed, noted in the concluded contract, agreement or agreement.

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A similar situation arises when one of the parties to the agreements does not perform previously agreed actions (making payments) in favor of the opposite party to the agreement. This also applies when the breach of contract results in harm or damage to the creditor.

The largest number of lawsuits are filed with the judiciary with claims for compensation of debts formed as a result of:

• non-fulfillment by the borrower of actions on the return of funds (loans);
• failure to pay rent;
• non-payment for goods, services rendered, work performed;
• violation of any terms of the contract, etc.

Possible claims of the plaintiff

The entry into force of the loan agreement is regulated by Art. 807 of the Civil Code of the Russian Federation. It occurs at the moment when one of the parties in relation to the other makes a transfer of values.

It turns out that between people, one of whom provided money to his friend under pre-agreed conditions of return, and the second accepted them, material and legal relations have already begun. The loan agreement has gained force between the parties that have concluded it.

In the case of a transaction for an amount exceeding 10 times the minimum wage, the participants must draw up a relationship with a receipt. The same rule should be followed when, when drawing up a loan agreement, the interests of one of the parties are represented by a lawyer.

The borrower is obliged to fulfill the undertaken obligations to repay the debt in accordance with Art. 810 of the Civil Code of the Russian Federation. The application of penalties in connection with the violation of the return periods is regulated by article 811 of the same code.

In the process of going to court, the plaintiff in the application may demand not only to reimburse the amount of the loan, but also to charge the defendant interest for the overdue time

Important Information

In order to demand the return of the debt from the defendant and the application of penalties, the plaintiff applies in writing to the court dealing with civil cases. The submitted application must comply with Article 131 of the Civil Procedure Code of the Russian Federation.

The complaint provides the following important information:

• the name of the judicial authority to which the applicant applies;
• Full name of the applicant or the person representing him, address of registration or residence;
• Full name of the borrower, address data (in the case of a claim for debt collection under a work contract against a legal entity, you should provide the full name of the enterprise or firm, actual and legal address);
• the full amount of the debt with the corresponding calculations;
• list of documents supporting claims.

In the text of the application, the plaintiff must clearly and convincingly reflect the essence of the case, describe all the circumstances as a result of which the debt arose, and also indicate the measures taken to resolve the issue without recourse to the courts.

The data stated in the application must be confirmed by relevant documents or, in the case of a transaction without a receipt, by the testimony of witnesses. This is done in order to prove in the course of the proceedings the fact of the debt and its non-return by the defendant.

Under a statement in without fail must be signed by the plaintiff official representative or trusted person.

Required documents

The list of documents for drawing up a claim and submitting it to the court is established by Article 132 of the Civil Procedure Code of the Russian Federation.

It includes:

• a copy of the claim (if the defendant is not one, then several copies);
• a document confirming the payment of the state duty;
• papers proving the fact of the appearance of a debt that has not been eliminated;
• documents that serve as evidence of the actions taken by the plaintiff to return the amount of the debt (their provision is necessary if it is indicated in the terms of the contract or regulated by law);
• data on the calculation of the amount of the claim, which includes the amount of debt, calculated interest for the period of delay, as well as court costs;
• if the interests of the plaintiff in the proceedings are represented by another person, then the corresponding power of attorney.

Sample letter of claim for debt collection

The process of litigation requires an understanding of various legal aspects.

For the correct preparation of a package of documents, its formation and subsequent submission, if there is no desire to delve into all the nuances, it is better to contact a professional lawyer. This will help save time, prevent errors and inconsistencies.

In addition, all monetary expenses incurred for these purposes can be reflected in claims, for which they must be confirmed by relevant documents.

All court cases have their own individual characteristics. Taking them all into account is impossible. Therefore, it is not possible to draw up a universal application form that is suitable for every case.

However, you can give a generalized sample of a statement of claim for debt collection:

To the Oktyabrsky District Court of Belgorod

Claimant: Andrey Viktorovich Artamonov

Address: Belgorod, st. Plekhanova, 9, apt. 2

Defendant: Ivan Sergeevich Lukashev

Price of the claim: 237,000 (two hundred thirty-seven thousand) rubles

Statement of claim

on reimbursement of debt obligations under a loan agreement

On September 30, 2019, the defendant asked me to lend him funds totaling 217,000 (two hundred and seventeen thousand) rubles. We discussed the terms of the loan, and I agreed. The next day, October 1, 2019, I personally transferred the specified amount into the hands of the borrower, which was reflected in the receipt drawn up by I. S. Lukashev. The refund, according to the terms of the contract, was to take place on October 1, 2019. This is also reflected in the listing.

Citizen I.S. Lukashev did not fulfill the terms of the loan, he did not return the money to me within the agreed period. As a result, the defendant owed me a debt. I made repeated attempts to get the defendant to repay the debt voluntarily, repeatedly asked and reminded him of this. However, these actions did not lead to a positive result. The defendant motivated his refusal to fulfill the terms of the loan by the lack of funds. In connection with the above, I had to resort to going to court with a statement of claim to return the debt.

In connection with the above data and in accordance with Art. 807, 808, 810 of the Civil Code of the Russian Federation and Art. 131, 132 of the Civil Procedure Code of the Russian Federation, please:

oblige citizen Ivan Sergeevich Lukashev to return the borrowed funds in the amount of 217,000 (two hundred and seventeen thousand) rubles and accrued interest for using a loan in the amount of 20,000 (twenty thousand) rubles.

All legal costs incurred by me as a result of the consideration of the case shall be borne by the defendant.

I enclose the following documents (6 sheets):

• copy of the statement of claim - 1 copy;
• receipt gr. I. S. Lukashev about receiving funds from me (copy) - 2 copies;
• calculation of the amount of accrued interest for the use of the provided money - 2 copies;
• original receipt for payment of state duty - 1 copy.

Debt collection from inheritors

As legal practice shows, it is not uncommon for cases when, before the moment the debt is repaid, the death of the person who issued the loan occurs. How to be in such a situation and what to do to get your money back?

In such cases, the debt can be obtained from the heirs, who will take ownership. It is only worth contacting them with your claims for debt reimbursement no earlier than through 6 months. This time is necessary for people to claim their rights and enter into the right of inheritance. If the heir renounces his rights, then there will be no one to demand the return of the amount of the debt.

When all the formalities are completed, the creditor can send his claim. It must indicate when and for what amount the debt arose, according to which document the money was issued. It is also necessary to provide a document showing that the borrower did not fulfill its debt obligations during his lifetime. The claim is sent to the heirs. Be sure to use the notification letter to provide this document to the court if necessary.

Further actions are similar to those described above. You must apply to the court with a statement of claim in a month. With a positive outcome judicial trial after 10 days, you can take a court decision and take it to the executive service.

In case of refusal of the heirs to enter into the inheritance, all the property of the deceased passes into the ownership local authority self-government. The procedure for the current situation is the same: a claim is filed to eliminate the debt to the new successor, in case of refusal, a lawsuit is prepared in court.

You can claim your rights to repay the debt even before the end of 6 months term. In this case, the claim should be sent to the notary in charge of the inheritance case. He, in turn, informs the heirs about the existence of a debt and that the required amount will be claimed from the value of the property of the deceased.

During financial relations debt obligations may arise between individuals or legal entities.

In case of violation of the order of their execution, the natural desire of the creditor will be the return of the funds issued. To do this, you can file a claim for debt collection in court of Arbitration. You should first familiarize yourself with the nuances of this procedure.

Features of the procedure

Filing a lawsuit to recover a debt usually occurs if the issue cannot be resolved in other ways. The alternative is an agreement between the parties, an attempt at a pre-trial settlement. If these measures did not help, you will have to recover the due amount forcibly, but within the framework of the current legislation.

In this case, the following points should be taken into account:

• The statute of limitations for such cases is the maximum three years. The basis is Article 196, as well as 198 of the Civil Code of the Russian Federation. An exception is a written confirmation of obligations.
• There is no lower limit on the amount of debt. But you need to take into account the mandatory state fee, which must be paid before submitting a package of documents.
• The contract, receipt or other document confirming obligations should contain a clause on penalties and methods of pre-trial settlement of the issue.

A special problem arises when a debtor is declared bankrupt. In practice, the probability of recovering the amount due does not exceed 15% . It all depends on the established order of payments after the auction, professional qualities bailiff.

Pre-trial resolution of disputes

Since 2019 prerequisite for legal entities and recommended for individuals was the pre-trial settlement of the conflict. This procedure provides for the preparation of a claim to try to resolve the disputed issue without involving third parties. The procedure is described in articles 440-445 of the Civil Code of the Russian Federation.

Pre-trial proceedings are conditionally divided into voluntary or compulsory. Article No. 452 of the Civil Code of the Russian Federation states that it is mandatory for debt obligations under a receipt, loan or supply agreement.

Nuances of mutual dispute resolution:

• a claim can be made by both the debtor and the creditor;
• a claim for debt collection is filed only if the parties have not reached a compromise or an official response has not been received within 30 days;
• in case of violation of the current procedure for a pre-trial claim, the statement of claim is rejected in accordance with article No. 108 of the Arbitration Procedure Code of the Russian Federation.

The last paragraph does not preclude re-submission of the claim. If this time all the formalities and rules were observed, the possibility of judicial collection of debt obligations opens up.

Submission procedure

Another way to get money without litigation is to form. For him, you will need to provide irrefutable evidence of the defendant's guilt - an agreement, an IOU. Based on the information received, the judge issues an order. If within 10 days he is not protested, the case is transferred to the bailiffs. In this case, the amount of the state duty is half of the standard amount.

The inability to apply the above practice leaves only one option - to file a lawsuit against the debtor in court.

The general procedure for performing this procedure.

1. Formation of evidence base. Accounts payable are formed under a loan agreement, receipt or delivery. Additionally, receipts of previous payments, if any, are attached. This will help calculate the actual amount.
2. Payment of state duty. It is calculated differently. For example, for the collection of a mortgage loan, the rules from article No. 333.19, clause 1 apply - 5300 r + 1%, if the amount of debt exceeds 200 thousand rubles.
3. Formation of a claim. The most responsible stage. The document indicates the essence of the issue under consideration, a list of the attached evidence base is given. The application must be made in accordance with the current rules.
4. The first court session, which checks the compliance of the claim with the law, the possibility of using evidence.
5. Final hearing resulting in a verdict.
6. If positive, transfer writ of execution bailiff service.

it general order nuances of office work can differ significantly from each other. It all depends on the cause of the debt, the subjects and other circumstances. One thing remains unchanged - a lawsuit is necessarily formed.

How to file a claim for debt collection in arbitration court

The rules for the formation of this document are detailed in article No. 125 of the APC of the Russian Federation and No. 131 of the Code of Civil Procedure. A sample drafting form can be obtained from the court. It is important to choose the right venue for the case. It may correspond to the place of residence of the plaintiff or defendant, registration of the disputed real estate (house, apartment, cottage). The claim is submitted to the Arbitration Court.

An exception is the amount of the claim is less than 50 thousand rubles. In this case, the filing is carried out to the justice of the peace.

Application rules:

• The full name of the court is indicated.
• Information about the plaintiff and the defendant - full name, place of their registration and residence (if they differ).
• The essence of the issue, indicating violations of certain clauses of the contract, current legislation or non-fulfillment of debt obligations on receipt.
• The amount of principal and interest. It is recommended to attach a methodology for calculating the latter, based on contractual relationships.
• Link to evidence base with a brief summary of its essence.
• Information on compliance with the procedure for the implementation of pre-trial proceedings. Official responses and the content of the claim may also be attached to the evidence.

This document must be accompanied by a receipt of payment of the state fee, a copy of the claim for the defendant, postal receipts indicating that all information has been provided to the debtor, evidence base and calculation methods.

As an example, it is recommended to familiarize yourself with a common type of claim - for recovery under a loan agreement. It is important that the agreement concluded before this conforms to the current regulations. Additionally, the statute of limitations is taken into account. If one of these points is not observed, the claim will be rejected at the first court hearing.

When drawing up a document, you need to pay attention to such nuances:

• indicate the full amount of the claim, including penalties or other penalties;
• refer to the defendant's violation of a certain law or norm, in particular, Article No. 810 of the Civil Code of the Russian Federation;
• justify the amount of the accrued penalty - Article No. 395 of the Civil Code of the Russian Federation;
• prescribe specific requirements - I ask you to collect the main debt (specify) and the penalty (specify).

If the interests of the defendant are represented by a third party, a notarized power of attorney is drawn up. This fact must also be indicated in the application for the recovery of the debt that has arisen.

Nuances

The probability of a positive decision depends on compliance with the rules for compiling a primary document that confirms the debt. It can be a receipt, a loan agreement or a supply agreement. If any of the points of the current legislation is violated, these documents cannot serve as evidence.

The court has the right to reject the statement of claim, and the defendant - to draw up a response on the recovery of moral damages.

To minimize this, it is necessary to familiarize yourself with the basic rules for drawing up IOUs, contracts or similar documents.

Debt on receipt

This method of transferring funds is possible only between individuals. The rules are set out in Article No. 808 of the Civil Code of the Russian Federation. If the receipt is drawn up for the first time, it is recommended to use the services of a professional lawyer. It will help you prepare the correct document.

Rules for the formation of a debt receipt:

• It is written by hand by the future debtor. A printed version is allowed, but it will be more difficult for it to prove the obligations that have arisen.
• The obligatory expression is "counted the money and received it." If instead last word will be written on behalf of the creditor “will receive” - this is not a fact of transfer of funds.
• Date of compilation and issuance of money. They may differ.
• Date of repayment of the debt. If the process occurs in parts, the information is indicated on the receipt. Be sure to put the dates and signatures of both parties.
• Passport details of at least two witnesses, their signatures. Oral testimony in court has virtually no legal force.
• The amount is written and indicated in figures.

If these recommendations have been followed, and the claim has been filed in accordance with the law, the probability of debt collection is high. The original receipt must be presented to the court. Although in fact a copy has the same legal force, in practice it is not considered as a basis for collecting a debt.

Debt obligations under a loan agreement

A loan agreement can be drawn up between individuals and legal entities. The activities of microfinance organizations are considered separately. Law No. 230, adopted in 2019, made significant adjustments to the debt collection procedure.

With the exception of the circumstance described above, the requirements for the content of the loan agreement are contained in Article No. 808 of the Civil Code of the Russian Federation.

They are as follows:

• The agreement is drawn up if the amount exceeds 10 minimum wages. If one of the parties is a legal entity, the written form is required, regardless of the amount.
• If no agreement was found on any of the points, the contract may be considered invalid.
• The document can prescribe methods for calculating penalties for non-compliance with agreements, but they must comply with the law.
• An increase in the amount of debt under the contract is not a basis for receiving benefits. The exception is accounting for inflationary processes and linking to the Central Bank rate.

In practice, debt under a loan agreement has the same effect as under a receipt. It only provides an opportunity to sign an agreement between legal entities and individuals.

Under a supply agreement

Relations between trading organizations or industrial associations often involve deferred payment. This is attributed in the agreement or in an additional document.

The procedure for collecting debt under a supply agreement is no different from those described above, with the exception of the following nuances:

• A penalty or lost profit is taken into account. The methodology for calculating them is individual and depends on the type of activity of the plaintiff.
• It is mandatory to apply the refinancing rate on a certain date.
• The contract must comply with the current provisions of Law No. 44. Last changes were submitted in 2019.

Repayment of a debt under a supply agreement is the most difficult type of claim. For a positive decision, professional help lawyers.

Regardless of the circumstances of the formation of the debt, the legislation on the territory of Russia protects the interests of the plaintiff. An exception is a change in the procedure for collection by microfinance organizations.