Sample letter to court for money debt. Claim for recovery of debt for utilities

Statement of claim on debt collection: rules for drawing up a document + 2 samples of a statement of claim for debt collection under a receipt and a loan agreement + a sequence of actions when going to court.

Claim for debt collection is one of those documents that are most often filed in court. This is due to the fact that in society there are many cases that require legal intervention.

For example, one of the parties to the contract does not want to pay for the services of the other party, or the debtor does not pay the previously borrowed money.

Sometimes, such situations are resolved with the help of pre-trial settlement. But, if this does not help, the only option left is litigation.

The statement of claim must clearly state all the circumstances of the problem, namely:

• What is the purpose of a lawsuit?
• The reasons that gave rise to this situation.
• How much money should the defendant return?

Most often, they resort to writing a statement in case of violation of the following civil agreements:

• Credit loans.
• Rent debt.
• Contract debt.
• Debt by wages and other payments to civilians.
• Violation of insurance obligations.
• Utility bills.

In which court should I file a claim for debt collection?

The resolution of the situation is world judge in the event that the subject of the dispute is an amount that does not exceed 50 thousand rubles. If the amount of money is greater than this value, then the claim is sent for consideration to district court.

All Required documents must be filed with the court at the place of residence of the debtor. If it is not possible to determine where the defendant lives, then the application is sent to any court in Russia.

If you settled on the first option, but do not know which court corresponds to the registration, look for it here: https://sudrf.ru:

An important point of such litigation is that after 3 years after the start of the process, the plaintiff does not have the right to demand a return of money from the debtor.

Preliminary steps before filing a claim

Recall that litigation between legal entities is sent to court of Arbitration. Thus, before drawing up a claim, you must first send a claim to the defendant. This action has been mandatory since 2016.

There are situations when a claim is not required, but such cases are so individual that it is better to discuss this point with a lawyer.

In some cases, such a claim may allow the claimant to obtain additional monetary compensation from the defendant:

Statement of claim for the recovery of a debt on receipt

A receipt is used as a confirmation of the fact that a transaction was made to borrow money between the creditor and the debtor.

A receipt can be of several types:

• Creditor.
• Separate.
• Safe.
• Debt.

Whatever the type of this document, it is the main evidence in the event of litigation.

It is important to understand that a debt repayment guarantee can be issued not only in the case of a cash loan. There is also the receipt of important documents, familiarization with certain information, the absence of claims, etc. In other words, with this guarantee you confirm the commission of some specific actions.

For example, you borrowed a certain amount of money. The lender may require you to write a guarantee, which will indicate the amount of money borrowed, the date of repayment of the loan, the interest rate, etc. After everything is paid, your receipt is returned.

Rememberthat after the completion of the transaction, you need to take a similar guarantee from the lender, which says that all the money is returned.

1. Rules for drawing up a receipt.

Writing a money-back guarantee is not difficult, so you can do it yourself. But the importance of this document is very high, since it is the main evidence when a statement of claim is written to collect a debt on receipt.

Compilation example:

Basic design rules:

1. Compiled in writing.
2. The name of the legal entity must be mandatory.
3. Passport data, places of residence of both parties are indicated.
4. The amount of money that is issued on credit must be written in numbers and capital letters.
5. You should provide a full description of the situation, clearly and clearly indicate the conditions for repaying the loan (when the borrower undertakes to repay, how much, what interest, etc.)
6. If blank spaces remain on a sheet of paper, they must be crossed out with a dash so that additional information cannot be written.
7. If the amount of borrowed funds does not exceed 10 minimum wages (minimum wage), it can not be certified by a notary.

According to federal law (https://publication.pravo.gov.ru/Document/View/0001201612200048), since July 2017, the minimum wage is 7,800 rubles.

8. Witnesses may be used if necessary. They must also put their signatures on the receipt indicating the full name and address.

A few tips from lawyers on registration of receipts:

• The presence of witnesses is desirable.
• Never put your signature on a blank sheet!
• The signature should be placed immediately after the main text to exclude the possibility of illegal addition of additional items.
• Check all information carefully.
• It is desirable for the lender that the purpose of the loan is not a business. Otherwise, the whole process can be imagined as writing off debt for business risks.

2. How can a sample debt collection claim help you get your money back?

There are three ways to collect a debt on a receipt:

1. Pre-trial settlement.
2. With the help of collectors.
3. Make a claim.

Naturally, the first method is the most painless. If a decision is made on a voluntary return of funds, this will save the parties from wasting time and additional costs. But this option happens quite rarely, since the borrower, in most cases, does not return the money.

To formalize the pre-trial settlement, a claim is drawn up and sent to the debtor:

To draw up a statement of claim for the purpose of collecting a debt on a receipt, there is no need to resort to special efforts. You already have the main proof that allows you to return the borrowed funds. If the receipt is drawn up correctly, then the court is almost always on the side of the creditor.

You can add a penalty clause to the sample statement of claim for debt collection. This will make it possible to return not only the main funds, but also additional compensation.

What process initiates a sample claim for collection of a debt on a receipt?

Trial goes like this:

What documents are required besides the claim?

In addition to a lawsuit aimed at collecting a debt, you will need the following package of documents:

• Proof of payment of state duty.
• A copy of the guarantee (receipt) on the return of money.
• A copy of a previously submitted claim.
• Information that indicates that the claim has been sent to the defendant.
• Evidence that the statement of claim drawn up for the recovery of the debt was received by the debtor (notice, check).

Sample statement of claim for the recovery of debt on receipt:

Claim for recovery of debt under a loan agreement

loan agreement called a document that indicates the implementation of the transaction between the parties (lender and borrower). It indicates full information about the persons involved in the transaction, the loan amount, repayment terms, interest rate, loan conditions, etc. Notarization is not required.

For credit institutions and banks is prerequisite drafting such an agreement. In case of its violation, a claim for the recovery of the "hung" debt is drawn up. It differs from the above sample application for the collection of debt on receipt.

This is what a claim for debt collection under a loan agreement looks like:

The procedure for filing a claim takes place in the standard mode, in the same way as in the case of a receipt. You only need to prepare the necessary documents and apply to the court.

Collection of debt under IOU.

How to return money through the court?
Advises lawyer Maria Smekun:

How is debt collection done?

Once the judge decides in favor of the plaintiff, the defendant will be required to comply with the court order. In the event that the violator refuses to fulfill its obligations to pay the borrowed funds, the case will be transferred to Federal Service Bailiffs.

To do this, the injured party (plaintiff) must be transferred to the FSSP performance list which he received in court.

*Example of writ of execution

It is worth noting that the defendant has the right to challenge the statement of claim for the recovery of the debt, if he has strong evidence for this. But if you are sure that you are right, the law will certainly be on your side.

It is customary to lend money to friends, relatives and good acquaintances on trust without drawing up an IOU.

Non-repayment of money happens quite often and the lender has to collect any evidence of their transfer to protect their rights. Everything should be recorded - from SMS and videotaping of conversations with the debtor.

What it is?

In the presence of trusting relationship between people, for example, friends or relatives, a loan “on parole”, that is, without an elementary promissory note, is often used. If a we are talking about large sums, and persuasion to return voluntarily does not help, then it is necessary to contact the police and (or) the court.

In addition to written agreements, there is also a category of oral transactions. Such a concept is described in article 159 of the Civil Code of the Russian Federation. A loan agreement without writing a receipt can also be attributed to a similar category of transactions. The fact of the conclusion of the contract will be considered the direct transfer of money to the borrower.

A claim for the recovery of a debt without a receipt means the procedure for returning such a loan through the court. This is possible, but it is necessary to collect a detailed evidence base. The real obstacle to getting their money back will be when the defendant can prove the lack of money in the transaction. It is not uncommon for a borrower to prove that the money was given to him free of charge.

Is it possible to recover a debt without a receipt, contract and witnesses?

The situation when money is borrowed without documentary evidence is much more difficult in terms of prospects for returning it through the courts.

The fact that there are no witnesses or witnesses in the form of relatives of the creditor only complicates the matter. But from the point of view of the law and judicial practice, it is possible to return your money.

There are at least three legal options for this:

1. Peaceful agreement;
2. Writing a claim (demand) to the debtor;
3. Filing a police report for fraud;
4. Filing a claim with the courts.

Some advise using the services of collection agencies, but they often use semi-legal methods to recover money. This can turn into serious problems for the lender, so it is better to use civilized methods within the law.

Peaceful agreement

If the person to whom the money is lent is really in predicament, it is better to try to negotiate peacefully. For example, to stipulate the return of the borrowed amount in fractional parts that are feasible for the borrower.

If necessary, you can visit a notary and fix new schedule notarized return. It would be wise to invite witnesses and talk with them about a fractional repayment of the debt. This can serve as strong evidence in the future.

Writing a Claim

After oral persuasion, you should use the direction of the claim to the debtor (). The fact of its writing can not only convince the debtor to repay the debt, but also serve as arguments in court. The claim must be sent by registered mail with notification or handed in person against signature.

In case of non-repayment of the borrower, the case is awaited by the police and the court. Moreover, in addition to the main debt, he will have to pay a fine for the misuse of other people's money and a state duty for filing a property claim.

Contacting the police

If the debtor ignores requests for repayment of the debt, the borrower has the right to apply to the police with a statement. According to paragraph 1 of Article 159 of the Criminal Code of the Russian Federation, the seizure of the right to another's property by deceit and abuse of trust is considered fraud.

What must be included in the application:

• the circumstances under which the amount of money was borrowed – purposes, terms and other conditions verbal agreement;
• the exact place and time of the transfer of money;
• persons present at the conclusion of the transaction;
• personal data of the debtor;
• a description of all attempts at peace negotiations, writing a claim and a reaction to it, etc.;
• any evidence of the transfer of money;
• request for a criminal background check.

If you receive a refusal to initiate a criminal case, you should go to next measure- filing a claim.

Video: How to do

Writing and filing a claim for debt collection without a receipt

The composition of such an application is no different from the usual claim for recovery under a loan agreement. Only in this case the loan agreement was concluded verbally.

• the name of the judicial authority;
• Full name and actual address and registration of the plaintiff;
• Full name and actual address and registration of the respondent;
• Title of the document;
• a description of the circumstances under which the money was given, and under what conditions;
• formulation of requirements - to return the debt, interest (forfeit) and state duty;
• calculation of the price of the claim;
• list of applications;
• date of compilation and signature with transcript.

In the list of applications, it is necessary to provide the entire evidence base, as well as a receipt for payment of the state duty, a calculation of the price of the claim, as well as a copy of the statement of claim for the defendant.

The price of the claim

The law limits the amount that can be recovered without a receipt - it should not exceed 10 minimum wages. For a larger amount, written proof of the loan is required and an oral agreement is not suitable as a basis for a return.

The minimum wage (minimum wage) is reviewed annually by the statistics service.

The price of the claim consists of the following components:

• main debt;
• interest for the use of money (if there was such an agreement);
• late interest.

Oral contracts usually do not deal with interest for the use of money. But the penalty for the unlawful withholding of other people's money (in case of delay) is provided for by Article 395 of the Civil Code of the Russian Federation. The basis for their calculation is the key rate of the Central Bank.

Formula for calculating the penalty (percentage):

Amount of interest = Amount of overdue debt × Central Bank rate / 360 × Days of delay.

The rate of the Central Bank may be changed by the judge to a fairer one if during the period of delay it made large jumps.

Proof of

Providing maximum number evidence will be the decisive factor in litigation, since there is no main document, namely the contract.

Evidence may include the following:

• video recordings of negotiations;
• audio recordings of telephone conversations where the borrower acknowledges his debt;
• printed and notarized correspondence on the Internet;
• a certificate from the telecom operator stating that the number holder of this telephone number is the defendant;
• a copy of the claim and the fact of its delivery;
• other evidence.

Where to apply

Since this is a deal between individuals, then the place of filing depends only on the value of the claim.

The claim must be submitted:

• with an amount of 50 thousand rubles or more - to a justice of the peace;
• over 50 thousand rubles - to the district court.

It should be noted that the requirement for reimbursement of state duty is not included in this amount. The statement of claim according to the law is submitted at the place of residence of the defendant.

Arbitrage practice

Judicial practice can be considered on an illustrative example. Citizen N (the plaintiff) transferred by money transfer to another citizen Z (the defendant) an amount of xxxx rubles.

By verbal agreement, the money was transferred to buy a car for the plaintiff. But after xx months, the defendant did not take any action to acquire and transfer the car, and does not return the money either.

The defendant, represented by citizen Z, does not deny the fact of receiving the money, but claims that they were given to him for transfer to third parties. The plaintiff filed a statement of claim with a request to return the money, a penalty for using other people's money and state duty.

The Court of First Instance of Vladivostok ruled that the money should be returned and the state duty compensated, the petition for a penalty was rejected. The Primorsky Regional Court overturned this decision, arguing that the money was a "donation". The reason is the absence of a document that would confirm the purpose of the transfer of money, namely to buy a car.

Judicial Board Supreme Court, as the last instance recognized the decision of the Primorsky Court as erroneous. The dispute was considered from the standpoint of Articles 1109 and 1102 of the Civil Code of the Russian Federation, stating that only those funds and other things that were transferred “to charity” are not subject to return.

In addition, the fact of donation must be proved by the defendant's side, despite the fact that the defendant himself did not indicate the fact of donation.

The described example had evidence of the transfer of funds in the form of a transfer receipt, but even in this case, the dispute caused double opinions among judges of various levels. But the possibility of a return, subject to quality lawyer work quite possible.

Similar situations may arise if there is a receipt without indicating that the amount was lent.

In practice, an oral loan agreement based on trust is often used. It is extremely difficult to return funds borrowed without a receipt due to the lack of written evidence of the fact of their transfer and the conditions for return.

In such cases, before applying to the judiciary, lawyers are advised to file a claim with the police and record all conversations, SMS, etc.

02.01.2019

Sample statement of claim for the recovery of debt under a loan agreement, taking into account recent changes current legislation.

A statement of claim for the recovery of a debt is filed if the borrower violates the conditions for repaying the debt or interest under the loan agreement.

Disputes arising from property disputes up to 50,000 rubles are considered by magistrates, and over this amount - by district (city) courts. Moreover, the price of the claim in this case is determined as the amount of the recoverable debt, interest for the use of the loan and the penalty for late payment.

A statement of claim for the recovery of debt under a loan agreement is filed at the place of residence of the defendant. As an annex to the claim, it is necessary to submit a loan agreement and (or) a receipt for the transfer of funds, a calculation of debt and interest (a sample can be used to draw it up), a state duty receipt. It is convenient to use to calculate the state duty for monetary claims.

Civil cases on debt collection disputes usually do not cause difficulties for judges and are considered in short time. The exception is cases when the defendant disputes his signature in the contract or receipt. In this case, the court may offer to provide the plaintiff with other evidence, and most often appoints a forensic handwriting examination in the case (). The loan agreement can also be challenged by the defendant for lack of money.

AT _____________________________
(name of court)
Plaintiff: _________________________
(full name, address)
Respondent: ______________________
(full name, address)
______________________
(full amount of claims)

Claim for recovery of debt under a loan agreement

"___" ____ , between me and the defendant _________ (full name) a loan agreement was concluded, under the terms of which the defendant was lent the amount of _______ rubles. for a period of "___" __________ ____, with payment of interest in the amount of _____% monthly. The terms of the contract are fixed in writing, confirmed (by the contract, receipt) dated "___" __________ ____

In accordance with Article 810 of the Civil Code of the Russian Federation, the borrower is obliged to repay the loan amount to the lender on time and in the manner prescribed by the loan agreement.

The debt was not returned to me by the defendant within the prescribed period (partially returned). The amount of the debt at the time of applying to the court is _______ rubles, including interest. The calculation of the debt is attached.

In accordance with Article 395 of the Civil Code of the Russian Federation, for the use of other people's in cash as a result of 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 subject to payment.

The debt overdue period is _____ days, the bank rate at the time of filing a claim is _____%, thus, the amount of interest at the time of filing a lawsuit in court for the use of other people's funds due to their unlawful retention will be _______ rubles. attached.

Based on the foregoing, guided by Articles 807, 810, 811 of the Civil Code of the Russian Federation, Articles of the Civil Procedure Code of the Russian Federation,

1. Collect from _________ (name of the defendant in full) in my favor the amount of debt _______ rub. under a loan agreement, interest under the agreement _______ rubles, interest for the use of other people's funds _______ rubles, and a total of _______ rubles.

List of documents attached to the application (copies according to the number of persons participating in the case).

When a conflict arises over the collection of a debt, it is often necessary to prepare a claim for debt collection.

However, there is also general rules which must be adhered to when collecting a debt.

All methods of debt collection without going to court can be divided into 4 groups:

• Negotiation;
• submitting a claim;
• appeal to law enforcement agencies;
• cooperation with collectors.

Negotiating is advisable when the debtor makes contact and does not deny the existence of a debt. Then you can consider several options for getting out of the existing situation at once.

For example, the creditor and the debtor may sign a new debt repayment schedule between themselves. In addition, instead of money, the debtor can transfer certain property. And then the question will also be closed.

In most cases, filing a complaint is voluntary. It may be needed when it is expressly stated in the contract. In addition, if a debt is collected from an insurance company, then such a written request is also indispensable.

It is recommended to contact the police when the actions of the debtor are frankly fraudulent.

However, before you write a statement, you need to take care of evidence base. Otherwise, it simply will not be initiated.

You can try to use the services of one of the many. It should be borne in mind that she will have to pay a certain percentage of the debt amount.

As practice shows, today claims for debt collection are filed for such relationships:

• under a loan agreement;
• under a supply agreement;
• on wages;
• for insurance compensation;

However, no matter for what reasons a claim is brought, it always has the same structure. The document begins with the name of the court, as well as a listing of all participants in the process, indicating their addresses and all known contact details.

After that, you should title the appeal to the court (“Statement of Claim for the Recovery of Debt”) and write the price of the claim, that is, the total amount (including interest, losses, and so on) that the plaintiff plans to receive from the defendant.

The main part of the claim should begin with a description of the contract and its main conditions.

Then you need to move on to a statement of the circumstances confirming the existence of a debt (for example, the goods were delivered, but not paid for on time).

At the end of the claim, the essence of the requirements and the list of applications must be given. The appeal to the court must be signed by the plaintiff or his authorized representative. If this condition is not met, the claim will be returned.

Please note that if several types of amounts are collected at once (principal debt, fine, penalty), then the claim for each of them must be filed separately in the claim.

What you need to know about statute of limitations

This is the period of time during which you need to apply to the court. For claims for debt collection, it is 3 years.

The countdown starts from the day following the date when the obligation was to be fulfilled. That is, if the payment was to be received strictly in certain date, then the statute of limitations starts to run from the next day.

If the debtor made a partial payment, then from that moment the period for applying to the court begins to flow again. At the same time, if the terms of the contract provide for making payments in parts (for example, monthly), then the limitation period is applied for each of them separately.

You can also apply to the court after the allotted time has passed. Moreover, the judge is obliged to accept such a claim for his proceedings. However, if the defendant mentions in writing or orally, then this will automatically entail a refusal to satisfy all the stated requirements.

What must be taken into account when collecting debt in court

Thinking about preparing a lawsuit, one should not make a mistake with the choice of court.

When the terms of the return of money are violated, while the borrower refuses to resolve the issue peacefully, it is necessary to prepare for litigation. For this purpose, a statement of claim is drawn up for the recovery of a debt on receipt. In the case of this trial, it is necessary to take into account a lot of nuances, both when writing a claim, and at the pre-trial stage. Pay special attention to the content of the promissory note, the jurisdiction of the case and the claims. It largely depends on whether your application is granted or not.

What should be included in the listing?

This bilateral document is signed by both the borrower and the lender or lender. If you make a receipt without errors, then it will not be difficult to return the money. However, much depends on the intentions of the borrower, in some cases you have to go to court. The receipt acquires legal force, even if it is written by hand, but it contains the following information:

• the size of the loan is indicated in numbers, and then duplicated in words;
• specified exact date writing a document and transferring funds;
• the period during which the money must be returned, or the date of such a return, is reported;
• names and details of the parties to the transaction, as well as data from the passport;
• where the borrower and the lender are registered and permanently reside;
• signatures of these persons and Additional Information, revealing the essence of the transaction, if necessary.

Dates should also be correct. It is better to write the number as a number, like the year (all four digits), and the month is indicated in words.

Try to involve non-interested persons in signing the document. They must be present both during the preparation of the receipt, and in the process of transferring money. In this way, you will protect yourself and, if necessary, involve witnesses to testify in court. One or two witnesses will guarantee that the court will decide in your favor. At the same time, the names and contact information of these persons should be entered on the receipt. They will also need their signatures.

And do not forget that you can demand the return of the debt through the judicial authorities within three years from the date of issue of the money. Although it is allowed to change such terms, if the plaintiff gives satisfactory reasons for his omission. Important milestone Debt collection is a pre-trial attempt to resolve the situation. Without them, achieving positive results will be more difficult.

What penalties are applied at the pre-trial stage?

If the preliminary procedure is carried out correctly, a sample statement of claim for the collection of a debt on a receipt may not be required. But even if the borrower does not return the debt, pre-trial attempts to resolve the problem will increase the chances of satisfying the claim. However, do not count this measure mandatory, it is allowed to go to court without going through this procedure.

You must act according to the law. Send the debtor a written notice of the delay, indicating in it the demand for the return of the debt. Attach copies of the receipt with the date on which you need to return the funds. Claims must be submitted by registered mail with a list of enclosed materials. A notice of receipt will also be required.

If the money was not transferred within the time period specified in the letter, or the borrower refused or simply did not accept correspondence, you need to prepare for court. Information about attempts to resolve the conflict peacefully (copies of the claim, confirmation of sending and receiving by the other party) is attached to the claim. A registered letter acquires special significance when the exact date for the return of funds is not indicated on the receipt. In this case, such date is the day of delivery of the letter to the debtor.

What is the legal procedure for debt collection?

It was not possible to agree on the voluntary payment of the debt -. In this case, not only the return of the money transferred according to the receipt is allowed, but also the payment of interest for late payment. However, all this is possible if the petition is correctly drafted. You will also need to comply with all stages of the proceedings:

1. It all starts with the preparation of a statement of claim (invite an experienced lawyer).
2. Then a full package of documentation is collected, proving the existence of debt and other facts.
3. After that, the value is calculated state duty and payment is made.
4. At the next stage, the application, together with a set of documents, is sent to the judicial authorities.
5. If no errors were found during the preliminary consideration of the claim, the day of the meeting is scheduled, about which the parties will be notified additionally.
6. You will have to take part in the meeting, wait until the court order comes into force and receive it.
7. At the final stage, the executive document is transferred to the bailiffs, and they open proceedings on.

It is necessary to send a statement of claim for the recovery of a debt on receipt to a district or magistrate court. In the first case, the application is submitted when its value is more than fifty thousand rubles. In the second, when the price is below a given amount. The fee also depends on the value of the claim. It is calculated as a percentage of overall size debt obligations. If you win the case, you can recover a fee from the defendant.

What documents are required to satisfy the claim?

The outcome of the proceedings depends on how complete the package of documents is collected, how competently the papers are prepared. Copies of the following documents must be attached to the application:

• petition (according to the number of participants in the meeting, plus one copy is left in court);
• confirmation of payment of the state duty (receipt) and the receipt itself;
• evidence that the money was transferred to the borrower;
• results of pre-trial proceedings (receipts for sending correspondence, etc.);
• calculation of interest for late payment (a copy for the defendant will also be required).

Confirmation of the transfer of funds to the other side of the transaction will be an extract from the bank account of the plaintiff or defendant, testimonies, etc. Copies of papers must be certified by a notary, or take the original documents to the court hearing. This way you can confirm their authenticity. If you are applying through a representative, attach a power of attorney. In addition to the package of documents, the claim must contain other information.

What to look for when filing a petition to the court?

A properly drafted statement of claim is half the success in the debt collection process. The clearer and more detailed, as well as on the case, state the information, the more accurately the judge will be able to determine the degree of guilt of the defendant. Therefore, many experts recommend starting the preparation of a claim with a visit to a lawyer. He will tell you how to correctly paint all the points of this document:

• the name of the court and details of the parties to the proceedings;
• the cost of the claim (including its calculations and the calculation of the state duty);
• a detailed description of the circumstances of the situation;
• information about the transfer of funds;
• the presence of witnesses and their contact details;
• evidence of violation of the deadlines for a refund;
• information about pre-trial attempts to solve the problem;
• detailed calculations not only of the total amount of the debt, but also of the interest for the delay;
• references to laws and claims.

The listed information is indicated in the main part of the application, except for the requirements and contact information. They, like the list of documents, are presented in the final part. And information about the plaintiff and the defendant is written at the beginning of the claim. If the sample statement of claim for the recovery of a debt on receipt is drawn up with errors, or the standard form of the petition is violated, it will be rejected at the stage of preliminary consideration.

What information should be included in the application?

First of all, you must provide the address, name of the court, as well as the number of the site. Next, the names of the parties to the proceedings, their addresses, telephones, and other contact details are indicated. Then the cost of the claim and the name of the application are prescribed. After them comes the main part, which sets out the main points of the case:

• what date the receipt was drawn up, according to which the funds were transferred;
• with whom this agreement was concluded and for what amount (indicate only the amount of the debt, without interest);
• in what time it was necessary to return the funds (exact date or period, for example, within two months from the moment the money was received);
• inform the format of the receipt (simple written or other form) and the presence of witnesses, referring to their contact details;
• whether payments were made by the borrower, what amount he had already returned at the time of going to court (if the debtor repaid only part of the debt);
• what pre-trial activities did you carry out to claim the amount transferred according to the receipt;
• which confirms the implementation of the above activities (copies of the claim with a signature on delivery, receipts postal items And so on);
• what the debtor replied to the offer to return the money (refer to the correspondence with the borrower attached to the application);
• How much should the defendant return? this moment(including interest for missed payments and other expenses).

Calculations specific amount are made according to a special formula, which takes into account the number of days of delay, the amount of debt and other parameters. After that, you should indicate references to legislative norms, list the claims, a list of documents, sign and date the appeal. If you have incurred any (state duty, examinations,), attach proof of such and demand to recover them from the defendant.