Sample statement of claim for the return of a debt on a receipt. Statement of claim for the recovery of debt on receipt, interest

19.10.2019

One of the simplest effective ways formalize and consolidate the relationship between the debtor and the creditor is a receipt. The purpose of this document is to certify certain legal facts, confirm the emergence or termination of civil legal relations.

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Most often, this means the following facts:

receipt of fulfillment of obligations (monetary, promissory notes, checks and others);
obtaining a loan;
acceptance of things for storage.

Depending on what the receipts confirm, they are divided into the following types:

The receipt is the main evidence if a claim is filed for the return of a debt.

In addition, receipts can be issued upon receipt of any documents (certificates, licenses, subpoenas, postal items), objects or means (parcels, transfers, salaries), after familiarizing a person with certain information (after familiarizing himself with safety precautions, with a notification of an upcoming dismissal). Common types of the document in question are also a receipt on the absence of claims, on the receipt of alimony.

From a legal point of view, a receipt is a unilateral document confirming (certifying) the fact of the completion or occurrence of an event or action that serve as the basis for the legal obligations of the person who issued it.

The scheme of actions with a receipt is extremely simple: one party (the debtor) writes a receipt confirming the fact of receiving money, which indicates the terms for repaying the debt, interest, and other conditions

After receiving the money, the document is handed over to the creditor. It should not be forgotten that after the return of the debt, it is necessary to take a receipt from the creditor stating that the funds have been fully returned and the debtor has fulfilled his obligation in full, or you can simply take the receipt from the creditor.

Statement of claim on the collection of a debt on a receipt can be drawn up independently - this is not a complex procedural document and, as a rule, does not require complex descriptions, a time-consuming process of proving. It is only necessary to correctly draw up a statement of claim, and in the document itself clearly describe what the receipt was about, indicate the fact of non-return of the debt and your demand to recover the debt from the debtor with a penalty.

A promissory note is issued in the case of a loan between two people, if the amount is up to 10 minimum wages, and also if an advance payment for services or goods has been received.

Before proceeding to consider the issue of a statement of claim, you should consider the requirements for this document, since its correct execution is a guarantee of a successful trial.

The registration rules are as follows:

written form;
the name of the document must be present (“Receipt on receipt of funds in debt from the full name of the creditor”);
place of compilation;
full name, passport details, addresses of both parties;
the amount of money is written in words and numbers;
you need to describe the situation in full (received the money in the amount ...), specifically indicate the conditions (I undertake to return the amount ... and interest ... at such and such a time);
the document is signed by the originator or two parties with the obligatory indication of the date;
empty lines are crossed out with dashes;
you can invite witnesses who also put their signatures on the receipt, their full names, addresses are indicated;
the receipt can not be certified by a notary if the amount does not exceed 10 minimum wages, but you can also do this - then you will have to pay a certain amount for notarization;
all signatures, especially the signature of the debtor at the end of the document, must be decrypted.

It is carried out in cases clearly specified in the legislation, for example, in case of deliberate damage to the property of the enterprise.

How and on what grounds it is possible to collect debts from an LLC is explained in detail in the article on.

Lawyers have some advice when making a receipt:

it is not necessary, but it is desirable that at least one witness be present during the execution and execution of the document - a capable disinterested person (the fact of his presence is confirmed by the signature of the parties to the transaction);
if the borrowed amount exceeds 10 minimum wages, then the legislation provides for such transactions to be formalized by drawing up an agreement, in this case only the agreement, and not the receipt, will be recognized by the court as a basis for recovery;
the text of the receipt - only on behalf of the borrower and written by him by hand, the one who lends may not be present at the same time;
on an empty form it is impossible to put signatures;
it is advisable to put the signature directly under the text in order to prevent anyone from entering additional items after the document has been drawn up without the knowledge of the borrower;
only normative Russian speech should be used, ambiguities should be avoided;
you should indicate the amount of the penalty in case of non-payment within the agreed period (if you do not specify it, the standard penalty awarded by the court is 8,3% per annum);
the lender must carefully verify exactly the original passport with the data in the receipt (for any error, even in one letter or number, the court may invalidate the receipt);
it would be better for the lender if the debtor on the receipt does not indicate the purpose of the loan as a business, since a legal loophole will appear to write off the non-repayment of the debt to business risks.

A receipt can be drawn up on any piece of paper, even on any one that comes to hand, or on an object on which you can write. The main thing is that the details of the parties should be clearly spelled out in it and the signature of the person borrowing money should be in it.

Pre-trial settlement

There are three ways to repay a debt on a receipt, namely:

pre-trial settlement on a voluntary basis;
sale of debt to collectors;
claim and litigation, after which the recovery is engaged in federal Service bailiffs.

by the most in a simple way is a pre-trial settlement. But it is worth noting that this method is quite rare, since the debtor rarely agrees to voluntarily give money. If he returns the debt after a verbal reminder, then this situation is the best of all possible. But you can also formalize the pre-trial procedure for the return of debt on receipt officially. To do this, you need to draw up a claim and send it to the debtor.

The rules for filing a claim are as follows:

Compiled in free form, it should contain a reminder of the receipt and the conditions for repaying the debt. Its date, parties, amount of debt, other conditions are indicated. It is also stated that the deadline has expired, the money has not been returned and it is required (proposed) to be performed within as soon as possible this obligation, otherwise the dispute will be resolved in judicial order with a penalty for late payment.
The claim should be handed over personally to the debtor and the fact that he received it should be recorded (take a receipt from him, record the fact of transfer using a smartphone, involve witnesses). If it is difficult to do it yourself, you can send it by registered mail with a mail notification of receipt.
If the claim did not give any results, the efforts are still not in vain. This document will serve as additional evidence in favor of the creditor in the lawsuit.

In the claim, you can also remind the debtor that in the event of a forced collection of a debt from him, bailiffs may impose a restriction on traveling abroad, additional penalties in the form of an enforcement fee, and penalties.

Pre-trial settlement can also be carried out by transferring the right of claim to collectors, and in this case the creditor will not deal with the debtor at all

There will be no need to write claims, lawsuits, and also bother with contacts with the other side - all issues will be taken over by collectors. To implement this method, you need to contact private collection companies and draw up an agreement.

The disadvantages, if the debt is sold to debt collectors, is that they will take a certain percentage of the amount collected for their services. Pros - the lender will receive some of the amount in his hands immediately after the conclusion of the contract with the collectors, all the problems of returning the money will be taken over by the company providing debt collection services.

Court

Litigation to recover a debt on receipt does not require much effort - the main evidence for the court is a receipt, if it is correctly drawn up, then in the vast majority of cases the creditor wins the court.

A sample statement of claim for the recovery of a debt on receipt may also contain a requirement to pay a penalty fee, therefore, resolving the issue of repaying a debt through the court will allow you to return not only the borrowed money, but also collect a penalty for delay.

The process of returning a debt on receipt through the court goes through the following stages:

Drafting and execution of a claim.
Preparation of documentation to be submitted to the court along with the application.
Payment of state duty, which is calculated as a percentage of the debt. Proof of payment is attached to the documents. It is collected from the defendant if he lost the court.
Filing a claim and accompanying documents with the court. At the same time, one copy is sent to the debtor. All documentation is submitted to the court office. Be sure to make and leave copies with notes on the delivery of documents.
For amounts up to 50 thousand rubles the claim is filed in the magistrate's court, over 50 thousand- to the district.
Next, you should wait until the subpoena arrives and appear there at the appointed time.
After the decision is made and executed, you need to take it in your hands, wait until it enters into force and submit an application to the office for extradition writ of execution.
Presentation of a writ of execution to bailiffs at the place of registration of the debtor and control of the process of enforcement proceedings.

Along with the filing of a claim, it is also possible to file a motion to seize the debtor's property in order to secure the claim. But it is not necessary to notify the debtor about this.

Required documents

A statement of claim for the recovery of a debt on a receipt involves the collection of the following documents:

the claim itself (three copies: one for myself, two for the court, and sometimes one copy is sent by the plaintiff to the defendant);
payment document on duty;
a copy of the promissory note;
if there is a document on the transfer of money to the debtor (receipt, check, extract from the debtor's account), you must provide a copy of it;
a copy of the claim and a receipt of the postal item to the debtor or other evidence confirming its delivery;
check of registered mail, inventory, postal notice of delivery of a letter with a claim to the defendant;
calculation of interest for delay (three copies: for yourself, for the defendant and for the court).

The court is provided with a claim, a copy of the receipt, postal or other confirmation of sending the application to the debtor, if there was a claim - confirmation of its sending or delivery to the debtor, calculation of interest. The debtor is sent a claim and calculation of interest.

They keep a copy of the claim for themselves, on which the court office puts a mark on its delivery, the calculation of penalties, the original receipt, claim, as well as receipts for state duty and postage.

What does a claim for debt recovery look like?

A sample statement of claim for the recovery of a debt on a receipt has the following structure:

In the upper right corner: details of the court (name, address).
In the same corner is indicated full information parties (addresses, postal codes, telephones).
After the parties indicate the price of the claim.
In the middle they write the name of the document: “A statement of claim for the recovery of a debt on receipt with a full name”.
Describe the circumstances of the dispute. Write briefly, specifically and clearly. It describes how the money was transferred, the amount, terms and conditions for the return. The full names of the parties, witnesses are indicated.
The fact of the expiration of the deadlines and non-return of money is indicated, whether pre-trial settlement was involved.
If it remains to collect part of the debt - its size, the date of partial payment.
Calculation of interest on arrears.
References to legislation and a request to the court to rule on the recovery from the debtor for the benefit of the plaintiff of the debt, interest and paid state duty.

If the deadlines for the return have expired, the plaintiff is entitled to demand, in addition to paying the principal amount, interest for the delay, even if this is not indicated in the receipt. By general rules the penalty is calculated for each overdue day based on the size of the refinancing rate - 8,25% . The formula is as follows: the debt is divided by 360, multiplied by the number of days of delay, and the resulting figure is multiplied by the rate. The result is the amount of delay in one day.

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

Oktyabrsky District Court

Rostov-on-Don

per. Red Banner, 225, ind. 345215

plaintiff: Nikolay Maksimovich Petrov

Rostov-on-Don, st. Chekistov, 54/15, ind. 343256

tel. 89876578966

defendant: Shmatko Viktor Andreevich, born on March 23, 1990

Rostov-on-Don, st. Pionerov 231/56, ind. 345215

Claim Price: 95000

Statement of claim

I, Nikolai Maksimovich Petrov, on June 20, 2019, lent Shmatko Viktor Andreevich born on March 23, 1990. (hereinafter, the Respondent) money in the amount of 95,000 (ninety-five thousand) RUB.

On the same day, the Respondent drew up a receipt (attached to the claim) dated June 20, 2019, according to which he undertakes to return the money by May 15, 2019.

The receipt is issued in the form of a simple written form, it was signed by me and the Respondent. Witnesses were present when the receipt was issued: Artur Stepanovich Kranin, born on 07/19/1987. (Rostov-on-Don, Solovetskaya st. 23a/17, tel. 97878987565) (Rostov-on-Don, pr. Pravdy 15/97, tel.: 89765787878). These persons have witnessed the terms of the receipt with their signatures on it and can confirm all the circumstances I have stated.

Within the agreed period, which is also indicated in the receipt, namely by May 15, 2019, the Respondent refused to fulfill the obligation to pay the debt of 95,000 rubles. As of today, the debt has not been repaid by the Respondent.

An attempt to resolve the dispute without involving the court was made: on May 16, 2019, I sent a claim to the Respondent with a proposal to return the money amicably (a copy is attached). The defendant ignored my proposal.

On the this moment the maturity date according to the receipt dated May 15, 2019 was exceeded by Shmatko V.A. by 109 days. The penalty is: 95,000 / 360x109x8.25% = 2373 rubles per day. For 109 days, the sum amounted to 109x2373=258657 rubles. The amount of the state duty paid by me was 2850 rubles.

Given the above, in accordance with Art. 807-811 of the Civil Code of the Russian Federation, Art. 3,131,132 Code of Civil Procedure of the Russian Federation

Collect in my favor from Shmatko Viktor Andreevich born on 23.03.1990. a debt in the amount of 95,000 (ninety-five thousand) rubles, a penalty for violation of the terms of payment - 258,657 (two hundred and fifty-eight thousand, six hundred and fifty-seven) rubles, a fee of 2,850 (two thousand eight hundred and fifty) rubles. and only 356507 rubles.

When the deadlines for the return of money are violated, while the borrower refuses to resolve the issue peacefully, it is necessary to prepare for a trial. 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:

It all starts with the preparation of a statement of claim (invite an experienced lawyer).
Then a full package of documentation is collected, proving the existence of debt and other facts.
After that, the value is calculated state duty and payment is made.
At the next stage, the application, together with a set of documents, is sent to the judicial authorities.
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.
You will have to take part in the meeting, wait until the court order comes into force and receive it.
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 up to judicial trial(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 second party to 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:

on what date the receipt was drawn up, according to which the cash;
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;
what confirms the implementation of the above activities (copies of the claim with a signature on delivery, receipts of postal items, etc.);
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.

In the case when the debtor is not going to return the borrowed money, the creditor may apply to the judicial authorities. If the debt was formed as a result of relations that are inextricably linked with entrepreneurial activity, then such cases will be considered in the arbitration court. It should be borne in mind that in this case, the developed claim for debt collection is filed with the court at the location of the debtor.

There are, of course, exceptions, which include the fact when the place of residence of the debtor is simply unknown. In this case, the claim is filed at the location of any property. Note that debt collection can also be filed at the place of execution of the agreement concluded between the parties.

Some measures should be taken before, for example, before going to court, the debtor should send a written claim for the recovery of a penalty. If this procedure is not carried out, the court has the right not to accept the filed claim for consideration. The claim must be drafted in such a way that its recipient clearly understands what is at stake. It should be indicated exactly what obligations the debtor must fulfill, what documents confirm the debt, and explain the obligations under which this or that debt arose. Additionally, you should prescribe the full amount of the debt, as well as other circumstances that will help resolve the case in a pre-trial order.

How about debt collection?

Let us immediately pay attention to the fact that the legislators fixed all the mandatory requirements in the Russian Federation. If a person has little experience, the mandatory conditions for filling out should be fulfilled. At the beginning of the application, or rather in its header, the name of the court is indicated, as well as its address. This is followed by information about the plaintiff, his data and information about the defendant.

If the party to the case is entity, it is necessary to pay attention to the correct indication of exactly legal address organizations. If there is more than one defendant, the addresses of all should be given. You can also specify the coordinates of third parties - of course, if their presence is necessary. The statement of claim for debt collection must be written in several copies, so that there is enough for all persons present in the case. In the text of the claim itself, it is necessary to describe in stages all the circumstances that confirm the position of the plaintiff. There are no special requirements that regulate the writing of the content of the text, but the available information is still worth somehow structuring. In this case, the judge will not have any additional questions.

If, for example, a claim for debt collection under a loan agreement is not properly executed, the court secretary has the right to return it to the plaintiff to correct certain inaccuracies and shortcomings. It is for these reasons that you should take the advice of competent and experienced lawyers who can help you draw up the right document.

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, an opportunity opens up judicial recovery on debt obligations.

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.

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.
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.
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.
The first court session, which checks the compliance of the claim with the law, the possibility of using evidence.
Final hearing resulting in a verdict.
With a positive result - the transfer of a writ of execution to the bailiff service.

This is 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 numbers.

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.

Alimony debt may arise from different reasons. Some parents deliberately do not pay child support, hoping that they will just get away with it, others consider the court decision illegal and are going to challenge it, others are in predicament. However, regardless of the reasons for the occurrence, the debtor is obliged to fulfill the debt obligations. In addition, he must take action liability for late payments - a fine and a penalty that will be accrued on the amount of the debt. In some, especially "difficult" cases, even administrative or criminal liability.

If he does not do this on his own initiative, the recipient of maintenance payments has the right to apply to the court with a claim for the recovery of the debt. The law is on the side of the alimony recipient because we are talking about the needs of the minor.

Grounds for filing a claim for payment of arrears in alimony

Before filing a claim for the recovery of maintenance debt, you need to make sure that you have legal grounds for this:

A voluntary agreement on the payment of alimony concluded between the payer and the recipient;
A court decision on the payment of alimony or a court order issued;
Prolonged or periodic non-payment of alimony;
The formation of an impressive amount of debt for the entire period of non-payment;
Lack of effective measures on the part of bailiffs to collect debts;
Disagreement of the debtor with the amount of the debt obligation.

So, if there is no decision or order of the court, if there is no voluntarily concluded alimony agreement between the payer and the recipient, there is no question of accumulating debt. But if the payer ignores the legal requirements for the payment of monetary maintenance, the recipient has every reason to collect the debt through the courts.

In addition, not only the claimant, but also the debtor can file a claim if the debt was formed during the period when, for valid reasons (illness, job loss, special family circumstances), he could not pay alimony on time and in full. This will be discussed in more detail below.

When can you file a lawsuit?

The terms for applying to the court with a claim for the recovery of alimony debt are strictly regulated by law - the Family Code of the Russian Federation.

First of all, it should be said that you can go to court with a claim for the recovery of alimony debt at any time during the validity of maintenance obligations (until the child reaches the age of majority) with the addition of three years of the statute of limitations.

Consider possible cases of accumulation and collection of maintenance debts, in which there are some differences in terms and procedures:

If the alimony agreement was not concluded, if the decision or order of the court was not issued, while there was no voluntary payment of monetary maintenance. In this case, there is no question of debt (since there is no legal basis for collecting alimony), but it is possible to demand the collection of alimony for the last three years.

There was no alimony agreement, no court decision or order, but the alimony payer made voluntary cash payments. In this case, there is also no question of any debt, and alimony can be collected only from the moment of going to court.
If a maintenance agreement was concluded, if a court decision or a court order was made, but the alimony payer did not fulfill the alimony obligations assigned to him, then the resulting debt can be collected for the entire time - from the moment the executive document comes into force - at least for a couple of months, at least for 18 years. It is only important that the documents are preserved - the basis for the collection of cash payments and confirmation of the absence of payments.

However, if the alimony payer has good reasons for not paying alimony, as a result of which a debt has formed, it is possible to collect the debt only for the last three years before filing a claim. Good reasons, which, of course, require documentary evidence in court, include:

disability, serious illness;
job loss, financial hardship;
unfavorable family circumstances.

If during the trial it is established that the alimony payer could still avoid the accumulation of debt, the amount of the debt will be recalculated for the entire period, including fines (0.5% of the amount of the debt for each day of non-payment) and penalties.

Where should you file a claim?

If, on the basis of one of the above executive documents, enforcement proceedings were opened, the work on the enforcement of payments and the calculation of debts must be carried out by employees of the bailiff service. It is with the FSSP that you need to start the procedure for collecting alimony debt. At the request of the recipient of alimony, the bailiffs will issue a certificate stating for what period and in what amount the alimony debt has accumulated.

A certificate issued by bailiffs is the main evidence of the existence of a maintenance debt. It should be attached to the statement of claim, which is filed with the Magistrates' Court.

You can file a claim in the court of your choice - at your own place of residence or at the place of residence of the alimony payer. It is preferable that the claim be heard by the same judge who originally made the decision or order to pay child support.

Who is eligible to file a claim?

As mentioned above, both the recipient of the alimony and the debtor can file a claim for the recovery of alimony debt. Typically, it is the recipient who initiates trial if the measures taken by the bailiff do not bring the desired result, and the debt grows and is not repaid.

But in some cases, debtors also become the initiators of litigation. The reason for the debtor to file a lawsuit in court is disagreement with the amount of maintenance debt calculated by the bailiff without taking into account good reasons for non-payment of funds, the intention to challenge the wrong (overestimated) amount of the debt or the unfair calculation of penalties. If the debtor has evidence that the non-payment of alimony took place due to good reason he should present this evidence to the court. Based on the results of consideration of the claim and the submitted documents, the court will decide on the full or partial release of the debtor from fulfilling debt obligations.

Sample letter of claim for recovery of arrears of alimony

In order for the statement of claim to be accepted and considered by the court, it must be drawn up in accordance with the requirements of civil procedural legislation for the form and content of the claim. The claim must contain the following...

The name of the court in which the claim is filed;
Data on the parties to the court case (full name, date of birth, address, place of employment, contact phone number);
The price of the claim (the amount of maintenance debt);
Information about a court document (decision or order) on the payment of alimony or on a voluntary alimony agreement;
Information about in favor of whom the funds should be paid (full name, date of birth of a minor child);
Information on the actual payment of alimony, on the duration of the period of non-payment of alimony;
Information on the amount of debt calculated by the bailiff (indicating the full name of the bailiff, the name of the SSP body, the date and number of the resolution on the calculation);
If the plaintiff wants to dispute the amount of the debt, he should indicate why he does not agree with the calculation, indicate the correct amount of the debt, submit his own calculation and other supporting documents (cheques, receipts, receipts);
Requirement to the court - to collect alimony debt in a certain amount;
List of applications;
The date;
Plaintiff's signature.

Documentation

The statement of claim must necessarily be supplemented by documents that confirm the circumstances of the case and serve as the basis for filing claims. In the absence of documents, the claim will not be accepted by the court for consideration.

Consider what documents should be attached to the claim:

Copies of the claim (in the same quantity as the number of persons participating in the trial);
Copies of the parties' passports, birth certificates, marriage or divorce certificates;
A copy of the original court decision or order, maintenance agreement;
A copy of the decision of the bailiff on enforcement proceedings;
Certificate of the bailiff on the calculation of the amount of debt;
Certificates (on income, on the state of health);
Other documents (receipts, receipts, checks, bank statements);
Receipt confirming the payment of state duty.